2.2. Re-establishment only in cases of failure to observe a time limit for which it was for the applicant to observe

In J 3/80 (OJ 1980, 92) the Legal Board made it clear that if the national industrial property office concerned failed to forward a European patent application filed with that national office to the EPO in time, with the result that the application was deemed to be withdrawn (Art. 77(5) EPC 1973), the applicant could not claim restitution of rights, since the EPC provided only for restitution of rights where there had been a failure to observe a time limit which it was for the applicant to observe. See also J 1/12.