| European Case Law Identifier: | ECLI:EP:BA:1988:T029587.19881206 | ||||||||
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| Date of decision: | 06 December 1988 | ||||||||
| Case number: | T 0295/87 | ||||||||
| Application number: | 78300314.8 | ||||||||
| IPC class: | C08G 65/40 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | ICI PLC | ||||||||
| Opponent name: | BASF AG BASF Lacke + Farben Union Carbide |
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| Board: | 3.3.01 | ||||||||
| Headnote: | I. In opposition proceedings, under Article 101(2) and Rule 57(1) EPC the proprietor has a right to file observations upon a notice of opposition. Thereafter, observations from the parties are only admissible in the exercise of the discretion of the Opposition Division or a Board of Appeal, if such observations are necessary and expedient in the sense of Article 101(2) and Rule 57(3) EPC. It is in the interest of the efficient conduct of opposition proceedings that observations by parties should be properly limited to what is necessary and expedient. (see Reasons, paragraph 2). 2. Amendments to the text of a granted patent during opposition proceedings should only be considered as appropriate and necessary in the sense of Rules 57(1) and 58(2) EPC and therefore admissible if they can fairly be said to arise out of the grounds of opposition. An amendment proposing new claims having no counterpart in the granted patent, which is not in response to a ground of opposition, is not admissible (following Decision T 127/85 dated 1 February 1988) (see Reasons, paragraph 3). |
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| Keywords: | Admissibility of observations during opposition proceedings Filing of additional claims in opposition not admissibile |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870295ex1.html
Date retrieved: 17 May 2021
31 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)