| European Case Law Identifier: | ECLI:EP:BA:1994:J002792.19940520 | ||||||||
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| Date of decision: | 20 May 1994 | ||||||||
| Case number: | J 0027/92 | ||||||||
| Application number: | 89913194.0 | ||||||||
| IPC class: | G06F 13/10 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Control for a rotating media storage system | ||||||||
| Applicant name: | Maxtor Corporation | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. The principle of good faith governing relations between the EPO and applicants applies to courtesy services provided by the EPO. Where such service has been rendered, an applicant is entitled to rely upon its content if the communication from the EPO was the direct cause of the action taken and, on an objective basis, it was reasonable for the appellant to have been misled by the information. These principles apply not only to written communications but also to oral communications by the EPO, (paragraphs 3.1 to 3.3 of the Reasons for the Decision). II. Rule 85b EPC does not take precedence over application of Article 9(1), fourth sentence, of the Rules relating to Fees (J 11/85 (OJ EPO, 1986, 1) followed; see paragraphs 4.1 and 4.2 of the Reasons for the Decision). III. It is reasonable to define the concept of a "small amount lacking" in Article 9(1), fourth sentence, Rules relating to Fees, as a fixed proportion of the amount of the particular fees to be paid. At most 20% of the fee to be paid may be regarded as small within the meaning of the said provision (T 290/90 (OJ EPO 1992, 368) followed; T 905/90 (OJ 1993 Special Edition, 69) distinguished; see paragraph 5.6 of the Reasons for the Decision). |
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| Keywords: | Good faith - EPC courtesy services - EPO oral communications - small amount lacking | ||||||||
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j920027ex1.html
Date retrieved: 17 May 2021
30 references found.
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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)