As most people do not like to work on May Day, our post of the day shall be brief.
[7.5] The board has, in principle, some sympathy for the appellant’s argument that a remittal should not be ordered if a final decision was unlikely to be reached until after expiry of the patent (cf. e.g. T 249/93 [2.2]). However, this argument weighs less in the present case of a divisional application which was filed 5 years after the priority date.
Should you wish to download the whole decision, just click here.
The file wrapper can be found here.