| European Case Law Identifier: | ECLI:EP:BA:1997:T110596.19970709 | ||||||||
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| Date of decision: | 09 July 1997 | ||||||||
| Case number: | T 1105/96 | ||||||||
| Application number: | 93300923.5 | ||||||||
| IPC class: | H01S 3/105 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Wavelength variable laser device | ||||||||
| Applicant name: | HAMAMATSU PHOTONICS K.K. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | I. An applicant has a right both to file one or more auxiliary requests in addition to a main request, and to maintain all such requests (that is, not to withdraw or abandon them), even if the Examining Division communicates its view that all except the last auxiliary request (possibly with further amendment) are inadmissible or unallowable, and he is then entitled to a reasoned appealable decision in respect of rejection of each such request. II. Where an Examining Division has communicated its view that a further request in the form of an amended text of a claim would be allowable, the rejection in advance of such a further request unless all preceding requests are abandoned is an unlawful exercise of discretion under Rule 86(3) EPC, and a substantial procedural violation within Rule 67 EPC. |
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| Relevant legal provisions: |
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| Keywords: | Further auxiliary request indicated to be allowable but stated to be inadmissible unless all previous requests are abandoned Substantial procedural violation Appeal allowed on basis of further auxiliary request |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t961105ex1.html
Date retrieved: 17 May 2021
16 references found.
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