INFORMATION FROM THE EPO
Notice from the European Patent Office dated 2 November 2005 concerning divisional applications
In its decision T 39/03 (to be published in OJ EPO), Technical Board of Appeal 3.4.2 has referred questions to the Enlarged Board of Appeal as provided for under Article 112(1)(a) EPC. They concern the validity of a divisional application which, at its actual filing date, contains subject-matter which extends beyond the content of any earlier application (see http://legal.european-patent-office.org/dg3/biblio/t030039ex1.htm). The case is pending under G 1/05.
Until the Enlarged Board of Appeal has issued its decision in this case, all proceedings before EPO first-instance departments (examining and opposition divisions) in which the decision depends entirely on the Enlarged Board's decision will be suspended in accordance with T 166/84 (OJ EPO 1984, 489).