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1. A European divisional application of a pending European
patent application, i.e. the parent application, which itself
was filed as a European divisional application of a then pending
European patent application, i.e. the grandparent application,
does not as such contravene the requirements of Article 76 EPC
and Rule 25 EPC (cf. point 1.2 of the Reasons).
2. Since both the European divisional application on which the
patent in suit is based and the parent application are deemed to
have been filed on the date of filing of the grandparent
application under Article 76(1) EPC, not only the patent in
suit, but also the parent application must comply with Article
76(1) EPC. Hence, subject-matter contained in the patent in suit
must be disclosed in both the parent application as filed and
the grandparent application as filed (cf. point 1.5 of the
Reasons). Otherwise, the patent in suit has to be revoked (cf.
point 1.6 of the Reasons).
3. The EPC does not provide for the possibility of determining
any effective filing date the patent in suit may profit from,
and of assessing novelty and inventive step in respect of prior
art published before that date, if it contains subject-matter
which extends beyond the content of the parent application as
filed and/or the grandparent application as filed (cf. point 1.6
of the Reasons; deviating findings: cf. decision T 904/97, point
4 of the Reasons).
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