| European Case Law Identifier: | ECLI:EP:BA:1999:T075596.19990806 | ||||||||
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| Date of decision: | 06 August 1999 | ||||||||
| Case number: | T 0755/96 | ||||||||
| Application number: | 90310085.7 | ||||||||
| IPC class: | C07D 491/22 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | 10, 11-Methylenedioxy-20 (RS) camptothecin and 10, 11-methylenedioxy-20 (S) - camptothecin analog | ||||||||
| Applicant name: | RESEARCH TRIANGLE INSTITUTE | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | In ex parte proceedings, Rule 71a EPC gives the Examining Division a discretion to admit or refuse amended claims until a decision is issued under Article 97 EPC. This discretion must be exercised by considering all relevant factors which arise in a particular case and by balancing the Applicant's interest in obtaining a proper patent protection for his claimed invention and the EPO's interest in bringing the examination procedure to a speedy close by the issue of a decision. If in exercising said discretion amended claims are not admitted, the reasons therefore must be given. The assessment that they were filed too late under Rule 71a EPC does not represent an adequate reasoning in conformity with Rule 68(2) EPC. | ||||||||
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| Keywords: | Discretion to admit or refuse amended claims under Rule 71a EPC (yes) Adequate reasons for not admitting amended claims (no) Substantial procedure violation (yes) Reimbursement of the appeal fee (yes) Remittal to the first instance for further prosecution |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t960755ex1.html
Date retrieved: 17 May 2021
18 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
EPO Guidelines - H Amendments and Corrections
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)