T 0824/00 (Retraction of withdrawal of request/SUMITOMO) of 24.3.2003

European Case Law Identifier: ECLI:EP:BA:2003:T082400.20030324
Date of decision: 24 March 2003
Case number: T 0824/00
Application number: 88400267.6
IPC class: H01B 12/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 31 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Process for manufacturing a superconducting wire of compound oxide-type ceramic
Applicant name: SUMITOMO ELECTRIC INDUSTRIES LIMITED
Opponent name: I. VACUUMSCHMELZE GMBH, Hanau
II. Siemens AG
Board: 3.5.02
Headnote: I. A request under Rule 88 EPC for correction of a document filed at the EPO, the effect of which correction would be materially to breach principles representing the fundamental value of legal procedural certainty, should not normally be allowed. One such principle is that a competent first instance department of the EPO is empowered under Article 113(2) EPC to take a decision which terminates the first instance procedure on the basis of the ostensible final requests of the parties; a second such principle is that a party is not to be regarded as adversely affected within the meaning of Article 107 EPC by such a decision which grants his final request. (Reasons 6).
II. The statement in J 10/87 (OJ EPO 1989, 323) at point 12 of the reasons: "Legal certainty demands that the EPO can rely on statements of the parties in proceedings" pinpoints the precise procedural stage at which certainty prevails over intention and Rule 88 EPC reaches the limit of its applicability, viz when a party statement is relied on in a formal juridical act. (Reasons 8).
Relevant legal provisions:
European Patent Convention 1973 Art 107
European Patent Convention 1973 Art 113(2)
European Patent Convention 1973 R 65(1)
European Patent Convention 1973 R 88
Keywords: Withdrawal of all requests before the opposition division
Retraction of withdrawal on appeal by way of Rule 88 EPC correction - (not allowed; appeal inadmissible)
Catchwords:

-

Cited decisions:
J 0010/87
J 0006/91
J 0016/91
J 0010/93
J 0004/97
J 0003/01
Citing decisions:
J 0019/03
J 0025/03
J 0017/04
T 0048/02
T 1091/02
T 0309/03
T 0591/05
T 0445/08

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