| European Case Law Identifier: | ECLI:EP:BA:1990:T007989.19900709 | ||||||||
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| Date of decision: | 09 July 1990 | ||||||||
| Case number: | T 0079/89 | ||||||||
| Application number: | 80302390.2 | ||||||||
| IPC class: | B65H 29/12 G03G 21/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Xerox | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | 1. If a Board of Appeal has issued a decision rejecting certain claimed subject-matter as not allowable and has remitted the case for further prosecution in accordance with an auxiliary request, the legal effect of Article 111 EPC is that examination of the allowability of the rejected claimed subject-matter cannot thereafter be re-opened, either by the Examining Division during its further prosecution of the case, or by the Board of Appeal in any subsequent appeal proceedings. 2. After a Board of Appeal has issued a decision in respect of certain issues, it has no power under Article 112(1)(a) EPC in the same proceedings to refer a question of law to the Enlarged Board of Appeal which arose in connection with issues which it has already decided, even though other issues are still pending before the Board of Appeal in proceedings on the same case. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Rejection of certain claimed subject-matter in appeal proceedings Remittal to Examining Division for further prosecution on basis of auxiliary request Disapproval of text in accordance with Rule 51(4) communication and request for further examination in respect of rejected subject-matter Request for referral of questions to Enlarged Board rejected |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890079ex1.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.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)