13Jan2012
R11/11, European Patent Office (EPO Board of Appeal) 14 November 2011
- By Lars de Haas,
for Kluwer IP Cases
The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has declined to file such a request during first instance proceedings and there is no reason why such request could not have been filed before the opposition division.
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