T 2559/11 – Double Standard

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.

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