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Thursday, March 29, 2007

Issue 03/2007 of the Official Journal of the EPO has been Published on the EPO Website.

Today,

Issue 03/2007 of the Official Journal of the EPO has been published on the EPO website.

This issue comprises, inter alia, a

Interlocutory decision of Technical Board of Appeal 3.4.03 dated March 30, 2006, T 1409/05 - 3.4.0 concerning the sequence of divisionals:

"The following questions are referred to the Enlarged Board of Appeal:

(1) In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, is it a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1) EPC, second sentence, that anything disclosed in that divisional application be directly, unambiguously and separately derivable from what is disclosed in each of the preceding applications as filed?

(2) If the above condition is not sufficient, does said sentence impose the additional requirement (a) that the subject-matter of the claims of said divisional be nested within the subject-matter of the claims of its divisional predecessors?

or

(b) that all the divisional predecessors of said divisional comply with Article 76(1)
EPC?"

Moreover,

notice from the European Patent Office is given dated January 15, 2007, concerning the launch of Online Filing software version 3.20. And, in the same context,

another notice from the European Patent Office has been published dated January 30, 2007, concerning the decision to cease to accept European and international patent applications produced with version 2.10 or any earlier version of the epoline Online Filing software.

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