| European Case Law Identifier: | ECLI:EP:BA:2003:T082400.20030324 | ||||||||
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| 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 | ||||||||
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| 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 |
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| 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). |
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| 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) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t000824ex1.html
Date retrieved: 17 May 2021
19 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)