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Date of decision
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31 January 2005
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Case number
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T 1181/04
- 3.3.6
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Application number
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99201344.1
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Title of the application
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Fuel composition which combusts instantaneously and method for
combustion
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Applicant name
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Pirelli & C Ambiente S.p.A.
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Headnote
I. The applicant's approval of the text proposed for grant by
the Examining Division is an essential and crucial element in
the grant procedure and its existence or non-existence needs to
be formally ascertained (point 3 of the reasons for the
decision).
II. The applicant must be given the opportunity to express his
disapproval of the text proposed for grant by the Examining
Division with a communication under Rule 51(4) EPC and to obtain
an appealable decision refusing his requests. If he has been
deprived of this possibility a substantial procedural violation
has occurred in the proceedings (point 3 of the reasons for the
decision).
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Keywords
Examination procedure - Rule 51(4) communication - applicant's
disapproval of text proposed by the Examining Division (no)
Reimbursement of appeal fee - procedural violation (yes)
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