| European Case Law Identifier: | ECLI:EP:BA:1982:J000782.19820723 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 23 July 1982 | ||||||||
| Case number: | J 0007/82 | ||||||||
| Application number: | 79901231.5 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Cataldo | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. The provisions of Rule 78(2) EPC, last sentence, which deem postal notifications to have been made when despatch has taken place, do not apply in a case in which the receipt of a notification under Rule 69(1) EPC is relevant to the question when the cause of non-compliance with a time limit has been removed, for the purposes of Article 122 EPC. In such a case the significant date is the date of actual receipt by the applicant. II. If a decision does not take into account arguments submitted by a party and is based on a ground on which the party had no opportunity to present his comments, this is a substantial procedural violation. III. Reimbursement of the appeal fee may be ordered pursuant to Rule 67 EPC, even though reimbursement has not been applied for, if the conditions laid down in that rule are fulfilled. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Non-compliance/cause of Reestablishment of rights No opportunity to present comments Procedural violation (substantial) Appeal fee/reimbursement Reimbursement of appeal fee |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j820007ex1.html
Date retrieved: 17 May 2021
57 references found.
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