| European Case Law Identifier: | ECLI:EP:BA:1990:J000390.19900430 | ||||||||
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| Date of decision: | 30 April 1990 | ||||||||
| Case number: | J 0003/90 | ||||||||
| Application number: | 88311543.8 | ||||||||
| IPC class: | G11B 21/21 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Fisher Scientific | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. Rule 85(2) EPC does not apply only to disruptions in the delivery of mail of full national extension (in conformity with J 11/88, OJ EPO 1989, 433). 2. Article 113(1) EPC requires decisions by the EPO to be based only on grounds or evidence on which the parties concerned have had an opportunity to present their comments. This fundamental principle is not observed in a case in which the Office has made an examination of the facts of its own motion (Article 114(1) EPC) unless the parties concerned have been fully informed about the enquiries made and the results thereof and then given sufficient opportunity to present their comments before any decision is issued. 3. When the Office investigates facts of its own motion pursuant to Article 114(1) EPC, it must do so in a wholly objective manner. |
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| Keywords: | Postal strike General interruption in delivery of mail Basis of decision |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j900003ex1.html
Date retrieved: 17 May 2021
25 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)
Case Law Book: III Amendments
XCLR III D 1.3.2 General dislocation or interruption in delivery or transmission of mail in a Contracting State (R. 134(2) EPC)