CLR III E 5.4 Isolated mistake within a satisfactory system for monitoring time limits or for processing mail

An isolated mistake by an assistant that happens in a normally satisfactory system is excusable; for cases in which such a mistake occurred and the request for re-establishment was granted see, for example, T 612/90 of 20 February 1992, T 281/96, T 1001/95, T 72/99, T 1024/02, T 462/02 of 11 February 2003, T 165/04, T 221/04 of 5 May 2004, T 836/09 of 17 February 2010, T 1355/09, T 1171/13, T 1269/13 of 4 February 2015, T 1815/15, T 2023/14. The appellant or his representative must plausibly show that a normally effective system for monitoring time limits prescribed by the EPC was established at the relevant time in the office in question (J 2/86, J 3/86, OJ 1987, 362; J 23/92; T 428/98, OJ 2001, 494; J 13/07; J 3/12; J 4/12).

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Case Law Book: III Amendments

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