4.3. Request for a decision under Rule 112(2) EPC subsequent to a communication

If the party concerned considers that the finding of the EPO is inaccurate, it may, within two months of notification of the communication, apply for a decision on the matter. In J 43/92 the board noted that a decision pursuant to R. 112(2) EPC could be applied for only if it was preceded by a communication under R. 112(1) EPC. Otherwise, there was no basis for the EPO to issue such a decision.

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