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Newsletters and Bulletins / March 1999 / European Patent Office |
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European Patent Office (EPO) - Appeal Procedure The need to take care to respond to communications from one of
the appeal boards of the EPO, even if the communication in question
only invites comments on the board's initial assessment of the
appeal, was emphasized in the case of Deemed withdrawal/Gonzalez
Garcia. The appeal in question resulted from an appeal by the
applicants from a refusal of the receiving section to permit the
addition of Italy as a designated country after the original filing
of the case. The appellants failed to respond to a communication
from the Appeal Board setting out its initial thoughts on the
appeal. The appellants then failed to request further processing
within the prescribed term after they received a communication
stating that the application was deemed to be withdrawn by failure
to respond to the Board's first communication. The application
was therefore abandoned. The fact that the appeal was from a decision
of the receiving section of the EPO to the effect that Italy was
not properly designated so that had the applicants not appealed
they would have been able to secure protection in other designated
countries did not sway the Legal Board of Appeal. The appellants'
argument that their failure to respond to the communication should
have been treated simply as a withdrawal of the appeal likewise
failed to convince the Board.
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