J 0009/96 (Notification/H & L TOOTH COMPANY) of 27.11.1997

European Case Law Identifier: ECLI:EP:BA:1997:J000996.19971127
Date of decision: 27 November 1997
Case number: J 0009/96
Application number: 93904620.7
IPC class: E02F 9/28
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 374.273K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Attachment assembly for excavation teeth
Applicant name: H & L TOOTH COMPANY
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 119
European Patent Convention 1973 R 78(2)
European Patent Convention 1973 R 82
European Patent Convention 1973 R 85a
European Patent Convention 1973 R 85b
European Patent Convention 1973 R 104b
Keywords: Notification by ordinary letter
Notification deemed to have been made when despatch has taken place
Catchwords:

Notification of a communication posted as an ordinary letter in accordance with Rule 78(2) EPC is deemed to have been made when despatch has taken place. If such a communication has not reached the addresse and is not returned to the EPO, the legal fiction of deemed notification cannot be applied, unless it is established that the communication was duly despatched by the EPO.

Cited decisions:
G 0003/91
Citing decisions:
J 0030/96
J 0027/97
J 0032/97
T 0247/98

5 references found.

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

Case Law Book: III Amendments

Case Law of the Enlarged Board

General Case Law