|
Date of decision
|
28 February 2007
|
|
|
Case number
|
W 0026/06
- 3.3.08
|
|
|
Application number
|
PCT/IB2005/003369
|
|
|
|
|
|
|
Title of the application
|
Oligonucleoide probes
|
|
|
Applicant name
|
Consiglio Nazionale delle Ricerche
|
|
|
|
|
|
|
|
|
|
Catchwords:
|
|
The present international application was filed on 10 November
2005. Thus, the protest procedure was subject to the amended Rule
40.2 PCT entered into force on 1 April 2005 the aim of which was
to provide only one instance of review. This procedure does not
leave room for a further review carried out by the board of
appeal (see points 2 to 9 of the reasons). In the present case,
the review body constituted within the EPO acting as the ISA
concluded that the invitation to pay additional fees had been
justified. Nevertheless, disregarding the new procedure, it
invited the applicant to pay the protest fee only after its
review, which amounts to a substantial procedural violation.
Thus, the fee must be reimbursed.
|
|
|
