CLR II F 2.4.2 No effect on content of divisional application if earlier application has lapsed

In T 441/92 the parent application was refused by a decision of the examining division (which became final after the appeal was held inadmissible) after the divisional application had been filed. The board held that the lapse of the parent application cannot have the effect of reducing the content of a previously filed divisional application.

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

General Case Law