T 2291/08 () of 8.11.2010

European Case Law Identifier: ECLI:EP:BA:2010:T229108.20101108
Date of decision: 08 November 2010
Case number: T 2291/08
Application number: 98929636.3
IPC class: B22D 11/06
Language of proceedings: EN
Distribution: C
Download and more information:
Decision text in EN (PDF, 38 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Continuous casting process for producing low carbon steel strips and strips so obtainable with good as cast mechanical properties
Applicant name: ThyssenKrupp Acciai Speciali Terni S.p.A., et al
Opponent name: Castrip, LLC
Board: 3.2.03
Headnote: -
Relevant legal provisions:
European Patent Convention Art 114(1)
European Patent Convention Art 100(c)
European Patent Convention R 103(1)(a)
European Patent Convention R 81(1)
Keywords: Introduction of a new ground of opposition by the opposition division - substantial procedural violation (yes)
Reimbursement of appeal fee (yes)
Catchwords:

A ground of opposition (in this case Article 100(c) EPC) introduced by an opposition division under Article 114(1) EPC must be prima facie highly relevant. Given that, firstly, a previous board of appeal had expressly stated that the amendments were supported by the application as originally filed, and secondly, it is plausible from the application as a whole that the amendments are disclosed, it cannot be said that the allegations under Article 100(c) EPC are prima facie highly relevant. In these circumstances introduction of the new ground by the opposition division amounts to a serious procedural violation justifying reimbursement of the appeal fee.

Cited decisions:
G 0009/91
G 0010/91
T 0167/93
T 1190/01
T 1099/06
Citing decisions:
-

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t082291eu1.html

Date retrieved: 17 May 2021

11 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

Case Law Book: III Amendments

Case Law Book: V Priority

Case Law of the Enlarged Board

General Case Law