| European Case Law Identifier: | ECLI:EP:BA:1997:T052294.19970922 | ||||||||
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| Date of decision: | 22 September 1997 | ||||||||
| Case number: | T 0522/94 | ||||||||
| Application number: | 85902531.4 | ||||||||
| IPC class: | B22D 41/12 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Powered vehicle for operation of ladles, in particular for tapping aluminium | ||||||||
| Applicant name: | TECHMO Car S.p.A. | ||||||||
| Opponent name: | GLAMA Maschinenbau GmbH | ||||||||
| Board: | 3.2.05 | ||||||||
| Headnote: | I. The admissibility of the opposition must be checked ex officio in every phase of the opposition and ensuing appeal proceedings. It can and, where appropriate, must be raised by the board in appeal proceedings even if this is the first time this matter is addressed (T 289/91 OJ EPO 1994, 649; T 28/93, reasons, 2, not published in the OJ EPO). II. Admissibility of the opposition has to be judged on the basis of the content of the notice of opposition as filed, taking account of additional documents filed before the expiry of the opposition period as far as they remedy any deficiency fatal to the admissibility. Such a defect cannot be remedied outside the period for opposition [Rule 56(1) EPC, in fine]. III. On the basis of statements contained in the notice of opposition it must be possible to qualify whether the "instance" or "aspect of the state of the art" was made available to the public by means of a written or oral description, by use, or in another way [Article 54(2) EPC] and of what it consists. IV. In order to be substantiated pursuant to Rule 55(c) EPC the notice of opposition must indicate "when", "what" and under what circumstances, in particular "to whom", the alleged piece of state of the art was made available. V. The overall purpose of the admissibility requirement is to allow the proprietor of the patent and the opposition division to examine the alleged ground for revocation without recourse to independent enquiries. |
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| Keywords: | Admissibility of opposition Substantiation of grounds of opposition Made available by use or in any other way Instances of state of the art made available in any other way |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t940522ex1.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)