| European Case Law Identifier: | ECLI:EP:BA:2004:J002803.20041004 | ||||||||
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| Date of decision: | 04 October 2004 | ||||||||
| Case number: | J 0028/03 | ||||||||
| Application number: | 02018257.2 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | System and method for routing positioning requests based on mobile switching center address | ||||||||
| Applicant name: | Ericsson Inc. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | Suspensive effect means that the consequences following from an appealed decision do not immediately occur after the decision has been taken. Actions normally taking place after a decision are "frozen". Suspensive effect does not have the meaning of cancellation of the appealed decision. Even after an appeal the decision as such remains and can only be set aside or confirmed by the Board of Appeal. The status of a divisional application filed while an appeal against the decision to grant a patent on the parent application is pending depends on the outcome of that appeal. Therefore, the department of first instance cannot decide on the question whether the divisional application has been validly filed until the decision of the Board of Appeal on the appeal is taken. |
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| Keywords: | Meaning of suspensive effect Divisional application (no) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j030028ex1.html
Date retrieved: 17 May 2021
12 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)
Case Law Book: II Conditions to be met by an Application
XCLR II F 3.5.5 Pendency in case of refusal of earlier application against which an appeal was filed