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 date: 1992-02-20, T 281/96, T 1001/95, T 72/99, T 1024/02, T 462/02 of 11 February 2003 date: 2003-02-11, T 165/04, T 221/04 of 5 May 2004 date: 2004-05-05, T 836/09 of 17 February 2010 date: 2010-02-17, T 1355/09, T 1171/13, T 1269/13 of 4 February 2015 date: 2015-02-04, 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).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_e_5_4.htm
Date retrieved: 17 May 2021