| European Case Law Identifier: | ECLI:EP:BA:2002:T013101.20020718 | ||||||||
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| Date of decision: | 18 July 2002 | ||||||||
| Case number: | T 0131/01 | ||||||||
| Application number: | 95926656.0 | ||||||||
| IPC class: | F16J 15/32 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Bidirectional shaft seal | ||||||||
| Applicant name: | Mather Seal Company | ||||||||
| Opponent name: | CR Elastomere GmbH | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | In a case where a patent has been opposed under Article 100(a) EPC on the grounds of lack of novelty and inventive step having regard to a prior art document, and the ground of lack of novelty has been substantiated pursuant to Rule 55(c), a specific substantiation of the ground of lack of inventive step is neither necessary - given that novelty is a prerequisite for determining whether an invention involves an inventive step and such prerequisite is allegedly not satisfied - nor generally possible without contradicting the reasoning presented in support of lack of novelty. In such a case, the objection of lack of inventive step is not a fresh ground for opposition and can consequently be examined in the appeal proceedings without the agreement of the patentee (see point 3.1 of the reasons). |
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| Relevant legal provisions: | |||||||||
| Keywords: | Admissibility of appeal (yes) Admissibility of opposition (yes) Ground of lack of inventive step in respect of alleged novelty destroying prior art raised in the notice of opposition but not specifically substantiated Fresh ground of opposition (no) Arguments submitted late (not excluded under Article 114(2) and Rule 71a(1)) Request for apportionment of costs (refused) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t010131ex1.html
Date retrieved: 17 May 2021
33 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 C 6.3 Final date for written submissions in the preparation for oral proceedings and late submission of new facts and evidence – Rule 116 EPC