| European Case Law Identifier: | ECLI:EP:BA:1995:J002794.19950227 | ||||||||
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| Date of decision: | 27 February 1995 | ||||||||
| Case number: | J 0027/94 | ||||||||
| Application number: | 94100421.0 | ||||||||
| IPC class: | C10G 1/10 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Recovery of commercially valuable products from used rubber tires | ||||||||
| Applicant name: | UNIVERSITE LAVAL | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. In the interest of legal security, a procedural declaration has to be unambiguous (Confirmation of J 11/94, to be published). This implies that it must not be subject to any condition, leaving it open whether the EPO can proceed further on the basis thereof. II. If a declaration subject to a condition is treated as valid procedural act, the EPO is not allowed later to contradict its own earlier conduct because this would offend against the generally recognized prohibition "venire contra factum proprium" (J 14/94, to be published, followed). III. The binding effect according to Article 111(2) EPC applies only to the case decided upon. IV. The first instance was not obliged by the principle of good faith to allow the filing of divisional applications after the approval of the text intended for grant on the basis of decision J 11/91 (OJ EPO 1994, 28) until opinion G 10/92 (OJ EPO 1994, 633) was made available to the public. |
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| Keywords: | Application to be treated as divisional application (yes) Interpretation of a condition declared with the agreement to the text intended for grant Procedural declaration must not be subject to conditions Good faith Venire contra factum proprium |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j940027ex1.html
Date retrieved: 17 May 2021
48 references found.
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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 A 5.2 Point in time from which a new decision which deviates from existing practice becomes generally applicable