4.2. Form of notification of loss of rights under Rule 112(1) EPC

The board in J 43/92 noted that R. 69(1) EPC 1973 did not prescribe any particular form for the communications provided therein, distinguishing them from other communications or notifications under the EPC. A reference to a time limit to apply for a decision was not necessarily decisive as to the true nature of the communication. Whether a document constituted a communication pursuant to R. 69(1) EPC 1973 should be derived from its substantive content and its context (see also J 8/81, T 713/02, J 24/01).