| European Case Law Identifier: | ECLI:EP:BA:1996:T087394.19960710 | ||||||||
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| Date of decision: | 10 July 1996 | ||||||||
| Case number: | T 0873/94 | ||||||||
| Application number: | 89116770.2 | ||||||||
| IPC class: | H01L 27/11 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Semiconductor device | ||||||||
| Applicant name: | KABUSHIKI KAISHA TOSHIBA | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | I. A divisional application has to comply with the requirements of both Article 76(1) EPC and Article 123(2) EPC. Article 76(1) EPC governs the filing of a divisional application and therefore whether it is entitled to the filing date of the parent application and has the same benefit of right to priority as the parent application. Article 123(2) EPC governs amendments to the divisional application subsequent to its filing. II. Where a proposal for amendment of an application involves the addition of a limiting feature to a claim, application of a "novelty test" is not appropriate to determine whether or not the amendment complies with Article 123(2) EPC, because as explained in Decision G 1/93 (OJ EPO 1994, 541), "Whether or not the adding of an undisclosed feature limiting the scope of protection...would be contrary to the purpose of Article 123(2) EPC...depends on the circumstances". |
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| Keywords: | Feature added to claim of divisional application Amended claimed combination within protection claimed in parent and divisional application as filed Subject-matter extending beyond the content of the earlier and divisional application as filed (no) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t940873ex1.html
Date retrieved: 17 May 2021
20 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)