| European Case Law Identifier: | ECLI:EP:BA:1987:T015684.19870409 | ||||||||
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| Date of decision: | 09 April 1987 | ||||||||
| Case number: | T 0156/84 | ||||||||
| Application number: | 79301597.5 | ||||||||
| IPC class: | B01D 3/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Separation of multicomponent gas mixtures by pressure swing adsorption | ||||||||
| Applicant name: | Air products | ||||||||
| Opponent name: | Linde Bergwerksverband GmbH |
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| Board: | 3.4.01 | ||||||||
| Headnote: | 1. The principle of examination by the EPO of its own motion (Article 114(1) EPC) takes precedence over the possibility of disregarding facts or evidence not submitted in due time. This follows from the EPO's duty vis-Ã -vis the public not to grant or maintain patents which it is convinced are not legally valid. 2. The EPO has to examine the relevance of citations introduced late into the proceedings and has to communicate the results to the parties at least in its decision. No final decision on the opposition can be taken until such an examination has been performed. 3. Late-filed documents can be designated as not material by the EPO without having to give detailed reasons as it does in the case of citations referred to in due time. 4. Late-filed documents are not deemed not to have been submitted in due time simply because they have not been submitted during the opposition period; if careful preparation of the opposition proceedings would have revealed the late-filed documents earlier, it is the opponent's task to set out the circumstances that prevented him from mentioning the documents earlier. |
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| Relevant legal provisions: |
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| Keywords: | Obligation of the Opposition Division to examine the relevance of citations introduced after expiry of the opposition period Late filed documents disregarded Substantial procedural violation (no) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840156ex1.html
Date retrieved: 17 May 2021
47 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)
Case Law Book: III Amendments
XCLR III Q 3.2 Effect of withdrawal on opposition proceedings before the departments of first instance