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Thursday, December 21, 2006

Issue 12/2006 of the Official Journal of the EPO has been Published on the EPO Website.

Today,

Issue 12/2006 of the Official Journal of the EPO has been published on the EPO website.

This issue comprises, inter alia, a

Decision of Technical Board of Appeal 3.2.03 dated March 23, 2006, T 1040/04 - 3.2.03 concerning amendment of a patent granted on a divisional application:

"[...] The following question is referred to the Enlarged Board of Appeal:

Can a patent which has been granted on a divisional application which did not meet the requirements of Article 76(1) EPC because at its actual date of filing it extended beyond the content of the earlier application, be amended during opposition proceedings in order to overcome the ground of opposition under Article 100(c) EPC and thereby fulfil said requirements? [...]"

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