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Date of decision
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31 May 2001
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Case number
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G 0002/98
- EBA
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Title of the application
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-
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Opponent name
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Requirement for claiming priority of the "same invention"
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Headnote
The requirement for claiming priority of "the same
invention", referred to in Article 87(1) EPC, means that
priority of a previous application in respect of a claim in a
European patent application in accordance with Article 88 EPC is
to be acknowledged only if the skilled person can derive the
subject-matter of the claim directly and unambiguously, using
common general knowledge, from the previous application as a
whole.
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Keywords
Interpretation of the concept of
referred to in Article 87(1) EPC
Consistency of the
interpretation with the Paris Convention and the EPC
Conformity of the interpretation with principles of equal
treatment and legal certainty and with the requirement of
consistency as regards assessment of novelty and inventive step
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