BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
In case G 3/06 the following point of law has been referred to the Enlarged Board of Appeal:
Can a patent which has been granted on a divisional application which did not meet the requirements of Article 76(1) EPC because at its actual date of filing it extended beyond the content of the earlier application, be amended during opposition proceedings in order to overcome the ground of opposition under Article 100(c) EPC and thereby fulfil said requirements?
Following the withdrawal of the remaining appeals in the referring decision T 1040/04, resulting in the appeal proceedings being closed, these referral proceedings before the Enlarged Board of Appeal are terminated.