European Case Law Identifier: |
ECLI:EP:BA:1985:T021983.19851126 |
Date of decision: |
26 November 1985 |
Case number: |
T 0219/83 |
Application number: |
79102315.3 |
IPC class: |
C01B |
Language of proceedings: |
DE |
Distribution: |
|
Download and more information: |
No PDF available |
Documentation of the appeal procedure can be found in the Register |
Bibliographic information is available in: |
DE | EN | FR |
Versions: |
OJ |
|
Title of application: |
- |
Applicant name: |
BASF |
Opponent name: |
- |
Board: |
3.3.01 |
Headnote: |
I. If the parties to opposition proceedings make contrary assertions which they cannot substantiate and the European Patent Office is unable to establish the facts of its own motion, the patent proprietor is given the benefit of the doubt.
2. After oral appeal proceedings in connection with an opposition, the parties must be informed and invited to state their observations concerning the maintenance of the European patent in the amended form within a period of one month in accordance with Rule 58(4) EPC only, if they cannot reasonably be expected to do so definitively during the oral proceedings. |
Relevant legal provisions: |
|
Keywords: |
Onus of proof in opposition proceedings
Communication under Rule 58(4) in appeal proceedings
Referral to the Enlarged Board of Appeal |
Catchwords: |
-
|
Cited decisions: |
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Citing decisions: |
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73 references found.
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EPO Guidelines - D Opposition and Limitation/Revocation Procedures
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Offical Journal of the EPO
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Case Law Book: II Conditions to be met by an Application
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Case Law Book: III Amendments
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Case Law Book: IV Divisional Applications
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Case Law of the Enlarged Board
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General Case Law
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