9.5.16 Refusal of application on one ground only

In T 859/97 the board took the view that it was sufficient for the examining division, when deciding to refuse a European patent application under Art. 97(1) EPC 1973, to state one ground only which in their opinion would prejudice the grant of a European patent. In the case in hand, the examining division was unable to grant a patent because it had concluded that the subject-matter of claim 7 was not new. Consequently, it was under no obligation to comment on the patentability of claims 1 to 6. The requirements of R. 67 EPC 1973 were thus not met.