INFORMATION FROM THE EPO
Notice from the European Patent Office dated 1 August 2003 concerning disclaimers
In T 507/99 (OJ EPO 2003, 225) and T 451/99 (OJ EPO 2003, 334), Technical Boards of Appeal 3.3.5 and 3.3.4 respectively referred questions to the Enlarged Board of Appeal relating to the allowability of disclaimers not supported by the application as filed. The cases are pending under ref. Nos. G 1/03 and G 2/03.
Until the Enlarged Board of Appeal has decided in these two cases and in accordance with T 166/84 (OJ EPO 1984, 489), all proceedings before the EPO first-instance departments (examination and opposition divisions), where the decision depends entirely on the outcome of the proceedings before the Enlarged Board, will be suspended.