J 0027/10 () of 9.12.2011

European Case Law Identifier: ECLI:EP:BA:2011:J002710.20111209
Date of decision: 09 December 2011
Case number: J 0027/10
Application number: 09167775.7
IPC class: B62B 1/14
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 260 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Blower cart
Applicant name: Black & Decker Inc.
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 90(1)
European Patent Convention Art 111(1)
European Patent Convention R 56(1)
European Patent Convention R 56(2)
European Patent Convention R 56(3)
European Patent Convention R 56(4)
Keywords: Missing parts of the description - (no)
Clearly specified what exactly is deemed to be deleted - (no)
Remittal - (yes)
Catchwords:

1. The same interpretation is to be given to the term "parts of the description ... appear to be missing" in Rule 56(1), first sentence, EPC as to the term "missing parts of the description" in the subsequent paragraphs of Rule 56 EPC for deciding if a part is missing from the description. The term "description" in "missing parts of the description" in Rule 56 EPC refers to the description which was originally filed in order to obtain a filing date and not to any other description. The incomplete originally filed description is to be completed by the missing parts which must be added to the already filed text of the description. Thus an interpretation of Rule 56 EPC that some, or all, of the description that was originally filed in order to obtain a filing date could be amended, replaced or deleted is incorrect. (See points 8 to 18)

2. The principle of legal certainty requires that the decision upon the deletion of parts of the description pursuant to Rule 56(4)(a) EPC leaves no doubt about what exactly is deemed to be deleted. (See point 28)

Cited decisions:
J 0004/85
J 0033/89
J 0007/97
Citing decisions:
J 0002/12
J 0015/12
J 0016/13
T 1963/17

13 references found.

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EPC Articles

EPC Implementing Rules

Offical Journal of the EPO

Case Law Book: IV Divisional Applications

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