| European Case Law Identifier: | ECLI:EP:BA:1999:T102896.19990915 | ||||||||
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| Date of decision: | 15 September 1999 | ||||||||
| Case number: | T 1028/96 | ||||||||
| Application number: | 86106603.3 | ||||||||
| IPC class: | B68G 1/00 D04H 1/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Improved polyester fiberfill and process | ||||||||
| Applicant name: | E. I. Du Pont De Nemours and Company | ||||||||
| Opponent name: | Fa. Karl Thiel Fabromont AG Fa. Christian Heinrich Sandler GmbH & Co. KG. |
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| Board: | 3.2.01 | ||||||||
| Headnote: | I. In certain special circumstances members of a Board of Appeal in opposition proceedings may be "suspected of partiality" as set out in Article 24(3) EPC if they participated as such in the decision to grant the patent in suit (cf. point 6.5 of the reasons). II. The Board in its original composition, i.e. with the member(s) objected to, is competent to examine the admissibility of an objection under Article 24(1) or Article 24(3) for the purpose of opening the procedure under Article 24(4) EPC (cf. point 1 of the reasons). |
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| Keywords: | Allegation of suspected partiality against chairman of the Board of Appeal Competence of the Board in its original composition, i.e. with the member objected to, to examine the admissibility of the objection of suspected partiality for the purpose of opening the Article 24(4) procedure (yes) Applicability of Article 24(1) where a member of the Board in opposition proceedings participated as such in the decision to grant the patent (no) Applicability in such case of the ground of suspected partiality set out in Article 24(3) (yes, in certain circumstances) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t961028ex1.html
Date retrieved: 17 May 2021
33 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)
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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)