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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 11, 2009
Journal of Intellectual Property Law & Practice 2009 4(11):774; doi:10.1093/jiplp/jpp149
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

European Patent Office, Boards of Appeal: res judicata and divisional applications

David Rogers
Legal Member, Boards of Appeal
European Patent Office
Munich, Germany

Automatic service requests over the world wide web – ex parte Board 3.5.05, T-0051/08, European Patent Office, 7 May 2009

The Board decided that when a Board had delivered a decision on the claims in a parent application, the decision on these claims was res judicata and it was not possible to pursue these decided claims further in a divisional application. An appeal based upon such claims was inadmissible.

Correspondence: Email: drogers{at}epo.org


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