I. Rule 25(1) EPC imposes a substantive requirement which must
be fulfilled when a divisional application is filed. A Board has
no power to excuse an applicant from complying with this
substantive requirement
II. Time limits in the EPC have two conceptual elements: 1, a
period of time determined in years, months or days, and 2, a
relevant date, which serves as the starting date of the time
limit, and from which the period of time is counted. Time
restrictions imposed on applicants by the EPC, but not having
these conceptual elements can not be regarded as time limits for
the purposes of Article 122 EPC.
III. No substantive rights are established in a divisional
application before the actual filing date of the divisional
application. Substantive rights which were lost in the parent
application can not be re- established in the divisional
application by applying Article 122 EPC.
