T 1088/06 () of 20.4.2007

European Case Law Identifier: ECLI:EP:BA:2007:T108806.20070420
Date of decision: 20 April 2007
Case number: T 1088/06
Application number: 02001200.1
IPC class: F16L 9/12
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 33 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Corrugated polymeric tubing having at least three layers with at least two respective layers composed of polymeric materials dissimilar to one another
Applicant name: ITT MANUFACTURING ENTERPRISES, INC.
Opponent name: -
Board: 3.2.05
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 76(1)
European Patent Convention 1973 Art 111(1)
European Patent Convention 1973 R 88
Keywords: Extension beyond the earlier application as filed - no
Catchwords:

If information in the earlier application is objectively recognisable by the person skilled in the art as information that is incorrect, and if the person skilled in the art would derive the correct information directly and unambiguously, using common general knowledge, and seen objectively and relative to the date of filing, from the whole of the documents of the earlier application as filed, then the correct information belongs to the content of the earlier application and may be used to decide whether a divisional application extends beyond the content of the earlier application as filed, Article 76(1) EPC.

Cited decisions:
G 0003/89
Citing decisions:
-

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t061088eu1.html

Date retrieved: 17 May 2021

2 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board