| European Case Law Identifier: | ECLI:EP:BA:1986:T025884.19860718 | ||||||||
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| Date of decision: | 18 July 1986 | ||||||||
| Case number: | T 0258/84 | ||||||||
| Application number: | 80400930.6 | ||||||||
| IPC class: | B63C 11/32 | ||||||||
| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Etat français | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | Documents cited for the first time by the opponent in his statement of grounds for appeal despite the fact that he ought to have known them to exist are documents submitted late which the Board is not bound to consider (Article 114(2) EPC), even though it is of the opinion that it should do so, pursuant to Article 114(1) EPC, where it reckons them to be particularly relevant. In this case the matter should,as a rule, be referred to the first instance so as not unfairly to deprive the patent proprietor (respondent) of a hearing before a judicial body unless, in the absence of any comment whatsoever by the respondent, such referral appears unjustified. | ||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Novelty Documents cited late Non-referral to the first instance/absence of comments by respondent |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t840258ep1.html
Date retrieved: 17 May 2021
14 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)