J 0005/01 (Correction of errors/AIR LIQUIDE OF AMERICA) of 28.11.2001

European Case Law Identifier:

ECLI:EP:BA:2001:J000501.20011128

Date of decision:

28 November 2001

Case number:

J 0005/01

Application number:

96922477.3

IPC class:

B08B 7/04

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 20Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	Unpublished

Title of application:

On-site generation of ultra-high-purity buffered-HF for semiconductor processing

Applicant name:

Air Liquide America Corporation

Opponent name:

Board:

3.1.01

Headnote:

Relevant legal provisions:

European Patent Convention 1973 Art 16
European Patent Convention 1973 Art 18
European Patent Convention 1973 Art 96
European Patent Convention 1973 R 67
European Patent Convention 1973 R 88

Keywords:

Catchwords:

The wording of Articles 16 and 18 EPC as they stand leaves no room for an interpretation according to which the responsibility for a European patent application could be split between Receiving Section and Examining Division. The clear and mutually exclusive allocation of this responsibility in the Convention prevails over considerations of procedural or cost economy (contrary to decision J 0008/82). Thus, relying on the point in time at which a request for correction was made rather than on the two acts mentioned in Article 16 EPC (request for examination or indication under Article 96(1) EPC) would be contra legem.

Cited decisions:

J 0008/82
J 0004/85
J 0042/92

Citing decisions:

T 2411/10

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j010005eu1.html

Date retrieved: 17 May 2021