For the whole decision click here: o08003
Summary
This decision relates to two separate applications from the same applicant. Combined search and examination reports were issued, and six month reply periods set. Shortly before the periods were due to expire, the applicant requested a three month extension of the specified period on each case because they were waiting for the EPO to issue an International search report on corresponding PCT applications. Later the requests were increased to five months.The applicant had filed parallel UK applications because of the high quality of the search and examination process; however, the efficiency with which the search and examination reports had been prepared had caused some problems for the applicant.The agent said that the applicant could not afford to respond separately to the UK examination report and a written opinion on the parallel PCT cases. He also argued that by allowing the applicant time to consider any new citations on the International search report, the response to the UK examination report could be improved, and the validity of the UK patent would be enhanced.The Hearing Officer did not accept that there was an adequate reason for exercising discretion to extend the specified period, and since the period had expired, he refused both applications. Jaskowski's Application [1981] RPC 13 and McDonald's Application BL O/71/96 both followed.