4. Procedural questions
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  8. 4.1. Procedural independence of divisional application
  9. 4.1.4 Intention to file divisional application immaterial to admissibility of appeal against grant of the parent
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4.1. Procedural independence of divisional application

Overview

4.1.4 Intention to file divisional application immaterial to admissibility of appeal against grant of the parent

The board in T 591/05 could not see how the filing and the status of a divisional application might have had any bearing on the admissibility of the appeal against the parent (i.e. on the question of whether the appellant was adversely affected). In particular, any allegation relating to the circumstances under which the divisional application had been filed (here: appellant had expressed the intention to file a divisional application) might have been pertinent to the legal status of the divisional application, but was irrelevant to the issue of the admissibility of the appeal.

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