2.4.1 No abandonment of subject-matter in earlier application if divisional is filed

In T 118/91 the respondent argued that since a divisional application was filed, the subject-matter of the divisional must be considered to have been abandoned in the parent application. The board held that there was nothing in Art. 76 EPC 1973 or any other provision of the EPC to support that contention: the content of the application as filed cannot, as a matter of logic, be reduced by the subsequent filing of a divisional application.

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