The Enlarged Board of Appeal clarified the question of double patenting between two European patents, according to the recognized principles of a double protection prohibition.

Headnote:

1. A European patent application can be refused under Articles 97(2) and 125 EPC if it claims the same subject-matter as a European patent which has been granted to the same applicant and does not form part of the state of the art pursuant to Article 54(2) and (3) EPC.
2. The application can be refused on that legal basis, irrespective of whether it
   a) was filed on the same date as, or
   b) is an earlier application or a divisional application (Article 76(1) EPC) in respect of, or
   c) claims the same priority (Article 88 EPC) as

the European patent application leading to the European patent already granted.