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Date of decision
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28 June 2007
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Case number
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G 0001/05
- -
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Application number
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99100131.4
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Title of the application
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Improved columnar-grained polycrystalline solar cell and process
of manufacture
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Applicant name
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ASTROPOWER Inc.
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Headnote
So far as Article 76(1) EPC is concerned, a divisional
application which at its actual date of filing contains subject-
matter extending beyond the content of the earlier application as
filed can be amended later in order that its subject-matter no
longer so extends, even at a time when the earlier application is
no longer pending. Furthermore, the same limitations apply to
these amendments as to amendments to any other (non-divisional)
applications.
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Keywords
Invalidity as a result of non-compliance with Article 76(1) EPC
on filing a divisional application - no
Amendment to conform with Article 76(1) EPC - allowable, even if
at time of amendment earlier application no longer pending
Content of a member of a sequence of divisional applications must
be disclosed in each of the preceding applications in the
sequence as filed.
Claims of a member of a sequence of divisional applications need
not be directed to subject matter within the scope of the claims
of the preceding applications in the sequence as filed.
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