J 0015/88 (Claims fees) of 20.7.1989

European Case Law Identifier: ECLI:EP:BA:1989:J001588.19890720
Date of decision: 20 July 1989
Case number: J 0015/88
Application number: 87108792.0
IPC class: C12P 21/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 403 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: NEORX
Opponent name: -
Board: 3.1.01
Headnote: 1. An applicant normally has the right to derive subject-matter from any part of the description, claims or drawings as originally filed. Any limitations of this right must be construed narrowly if they are to be regarded as legally valid. It follows that Rule 31(2) EPC (abandonment of claims) must be applied carefully and within reasonable limits.
2. If an application as filed contains what can clearly be seen to be claims within the meaning of Article 84 EPC - a fortiori if they are included in a section identified as containing claims and cross-refer to one another as claims - then it is reasonable to assume for the purpose of examination prior to search that those are the claims which the applicant wants and that matter which is contained elsewhere is not intended to be his claims, whatever may be its form or substance.
3. Such an assumption will only not be reasonable if the other matter has the form and substance of claims and by his language the applicant shows an intention that the other matter should also be treated as claims.
Relevant legal provisions:
European Patent Convention 1973 R 31
European Patent Convention 1973 R 29
Keywords: Claims fees
Abandonment of claims
Catchwords:

-

Cited decisions:
-
Citing decisions:
J 0029/88
J 0025/89
J 0028/89
T 0490/90

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j880015ex1.html

Date retrieved: 17 May 2021

12 references found.

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EPO Guidelines - A Formalities Examination

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

Offical Journal of the EPO

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

Case Law Book: IV Divisional Applications

General Case Law