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29/04/2010

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I would believe that it is important in this decision that because the other patent was the priority application, filed about one year before the present application, the applicant has a legitimate interest in getting a patent on the second application, as that second patent would expire about one year later than the earlier patent.

From the discussion on the Enlarged Board of Appeal decisions G 1/05 and G 1/06, as well as the discussion of German case-law in this decision, I would draw the conclusion that absent any such legitimate interest, the EPO ban on double patenting is still very much alive.

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