| European Case Law Identifier: | ECLI:EP:BA:1993:T028991.19930310 | ||||||||
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| Date of decision: | 10 March 1993 | ||||||||
| Case number: | T 0289/91 | ||||||||
| Application number: | 82110070.8 | ||||||||
| IPC class: | C07D 209/52 | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Hoechst | ||||||||
| Opponent name: | Knappwost Adolf |
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| Board: | 3.3.01 | ||||||||
| Headnote: | 1. The admissibility of the opposition is an indispensable procedural requirement for the substantive examination of the opposition submissions at every stage of the proceedings, i.e. also in appeal proceedings, and, as such, it must be examined by the EPO of its own motion (point 2.1 of the Reasons). 2. A statutory declaration that the opponent is acting on his own behalf may only be required if there are concrete grounds for casting serious doubt on the opponent's true identity. Serious doubts as to the opponent's true identity are not justified by the mere fact that the opponent does not have any obvious personal or economic interest in the subject-matter of the patent (following T 635/88, OJ EPO 1993, 608, point 2.2 of the Reasons). |
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| Keywords: | Admissibility of opposition contested for first time during appeal proceedings Entitlement to file opposition (yes) Application for investigation to determine true identity of opponent rejected Novelty (yes, selection) Inventive step (yes) Establishing closest prior art |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t910289ep1.html
Date retrieved: 17 May 2021
30 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)