The Enlarged Board of Appeal (EBA) of the EPO has ruled in its G 4/19 decision this week that a European patent application can be refused during prosecution under Art. 97(2) EPC on the basis of double patenting under the European Patent Convention (EPC) and that this also applies to cases concerning double patenting arising from internal priority.
Read more: https://www.cohausz-florack.de/en/more/blog/article/double-patenting-art-125-epc-provides-legal-basis-for-refusing-a-european-patent-application/