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Date of decision
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05 July 2005
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Case number
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T 0455/03
- 3.3.01
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Application number
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93923207.0
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Title of the application
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Polysiloxane coating
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Applicant name
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Ameron International Corporation
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Opponent name
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J. C. Hempel's Skibsfarve-Fabrik A/S
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Headnote
1. An amorphous request not specifying the wording of the claims
sought but leaving it to the Board to identify and to speculate
on the intended text of the claims is not consistent with the
requirements of the EPC.
2. No party can expect, in particular in inter partes
proceedings, that the Board provides procedural assistance by,
in effect, taking on the role of a party and choosing the
appropriate moment in the proceedings for the submission of a
further request striving to overcome the deficiencies and, by
indicating this moment to that party.
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Keywords
Late filed requests (not admitted) - clearly not allowable
Intention of submitting fresh requests after closure of the
debate (not allowed) - debate not reopened - amorphous request -
no procedural assistance for a party provided by the Board -
tactical abuse
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