| European Case Law Identifier: | ECLI:EP:BA:1987:T006386.19870810 | ||||||||
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| Date of decision: | 10 August 1987 | ||||||||
| Case number: | T 0063/86 | ||||||||
| Application number: | 82111966.6 | ||||||||
| IPC class: | B41F 13/12 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Kollmorgen | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | 1. The amendment of claims during an appeal from a decision to refuse a European patent application is a matter of discretion under Rule 86(3) EPC, final sentence. 2. In a case where substantial amendments to the claims are proposed on appeal, which require substantial further examination, the case should be remitted to the Examining Division, so that such examination should be carried out, if at all, by the Examining Division after the latter has exercised its discretion under Rule 86(3) EPC, final sentence. 3. The fact that the Examining Division did not exercise its power to rectify its decision under Article 109 EPC is irrelevant to the exercise of discretion under Rule 86(3) EPC, final sentence. |
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| Keywords: | Claims/substantially amended filed with statement of grounds f. appeal Remittal to Examining Division |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t860063ex1.html
Date retrieved: 17 May 2021
22 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)