The excellent IP weblog IPKat reported the publication on the EPO register of G1/09. The summary on this weblog tells the story so I will limit this post to the decision itself:
In the case where no appeal is filed, a European patent application which has been refused by a decision of the Examining Division is thereafter pending within the meaning of Rule 25 EPC 1973 (Rule 36(1) EPC) until the expiry of the time limit for filing a notice of appeal.
To read the whole decision, click here.
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