| European Case Law Identifier: | ECLI:EP:BA:1987:J002286.19870207 | ||||||||
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| Date of decision: | 07 February 1987 | ||||||||
| Case number: | J 0022/86 | ||||||||
| Application number: | 81305646.2 | ||||||||
| IPC class: | A61C 8/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Medical Biological | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. In order to comply with Article 108 EPC, the written statement setting out grounds of appeal should set out fully the reasons why the appeal should be allowed and the decision under appeal should be set aside. Exceptionally, where the written statement does not contain such full reasons, the requirement for admissibility may be regarded as satisfied if it is immediately apparent upon reading the decision under appeal and the written statement that the decision should be set aside. 2. If, following a communication under Rule 51(4) EPC, first sentence, the applicant does not expressly communicate his disapproval of the proposed text within the specified three month period, the provisions in the second sentence of Rule 51(4) EPC that the communication of the Examining Division shall be deemed not to have been made, and that examination shall be resumed cannot come into effect. Decision J 12/83 "Inadmissibile appeal/Chugai Seiyaku", point 5, OJ EPO 1/1985, page 6, followed. 3. If, following a communication under Rule 51(4) EPC, first sentence, within the specified three month period the applicant does not communicate his disapproval of the proposed text and does not pay the fees for grant and printing and file translations of the claims as requested in such communication, the application shall be deemed to be withdrawn immediately upon expiry of such three month period. Consequently, following expiry of that period, the Examining Division has no power to issue a decision refusing the application pursuant to Article 97(1) EPC. |
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| Keywords: | Admissibility of appeal Appeal/admissibility Absolute time limit for grant and printing fees Grant and printing fees/absolute time limit Disapproval (no express) of text Application deemed to be withdrawn Decision refusing application//no power to issue Application for re-establishment allowed Re-establishment/Application for allowed |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j860022ex1.html
Date retrieved: 17 May 2021
48 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)