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Date of decision
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03 November 2005
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Case number
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T 0739/05
- 3.3.06
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Application number
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00200406.7
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Title of the application
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Fuel oil compositions
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Applicant name
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Infineum USA L.P.
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Keywords
Main request: Extension beyond parent application (no)
Extension beyond application as filed (no)
Suspension of the further prosecution of a case without a
corresponding request by a party until a decision of the Enlarged
Board of Appeal pertaining to a parallel point of law raised in
another T-case is issued (no)
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Catchwords:
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In a case where the principle of the protection of legitimate
expectations in pending cases is applicable with regard to an
established practice of the European Patent Office as published
in the Guidelines for Examination in the European Patent Office
and where there is no corresponding request by a party, there is
no reason to suspend the further prosecution until a decision in
a case pending before the Enlarged Board of Appeal is issued,
even though the important point of law raised by the underlying
T-case (referral) may concern the case under consideration.
This ensues from the above principle according to which in
pending cases where existing long-standing practice laid down in
publications of the European Patent Office might be overruled by
a new decision of the Enlarged Board of Appeal the parties may
rely on the previous practice until the new decision is made
available to the public - and this is in line with consistent
case law of the Boards of Appeal (point 6 of the reasons).
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