| European Case Law Identifier: | ECLI:EP:BA:2007:G000106.20070628 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 28 June 2007 | ||||||||
| Case number: | G 0001/06 | ||||||||
| Referral: | T 1409/05 | ||||||||
| Application number: | 01128824.8 | ||||||||
| IPC class: | G09G 3/36 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Liquid Crystal Device | ||||||||
| Applicant name: | SEIKO EPSON CORPORATION | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, it is a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1), second sentence, EPC that anything disclosed in that divisional application be directly and unambiguously derivable from what is disclosed in each of the preceding applications as filed. | ||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Invalidity as a result of non-compliance with Article 76(1) EPC on filing a divisional application - no Amendment to conform with Article 76(1) EPC - allowable, even if at time of amendment earlier application no longer pending Content of a member of a sequence of divisional applications must be disclosed in each of the preceding applications in the sequence as filed. Claims of a member of a sequence of divisional applications need not be directed to subject matter within the scope of the claims of the preceding applications in the sequence as filed. |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g060001ex1.html
Date retrieved: 17 May 2021
70 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
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 2020, A104 - Interlocutory Decision of Technical Board of Appeal 3.3.01 dated 7 February 2019 - T 318/14
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)
Case Law Book: II Conditions to be met by an Application
XCLR II F 2.1.2 Sequence of divisionals – derivable from each of the preceding applications as filed
XCLR II F 2.3.1 Findings of G 1/05 of 28 June 2007 date: 2007-06-28 and G 1/06 also applicable to granted patents