| European Case Law Identifier: | ECLI:EP:BA:1991:T032887.19910404 | ||||||||
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| Date of decision: | 04 April 1991 | ||||||||
| Case number: | T 0328/87 | ||||||||
| Application number: | 81401494.0 | ||||||||
| IPC class: | D06F 39/12 D06F 37/22 D06F 37/26 |
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| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Thomson-Brandt | ||||||||
| Opponent name: | Elektrolux | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | 1. When an opposition is based on grounds of prior use, the requirements of Rule 55(c) EPC are only fulfilled if the notice of opposition indicates, within the opposition period, all the facts which make it possible to determine the date of prior use, what has been used, and the circumstances relating to the alleged use. The notice of opposition must also indicate the evidence and arguments presented in support of the grounds of opposition. However, Rule 55(c) EPC does not stipulate that the said facts, evidence and arguments hae to be placed on file during the opposition period. 2. When an opposition has been declared inadmissible, its substance cannot be examined, nor is it possible for the EPO to examine the facts of its own motion in accordance with Article 114(1) EPC. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Admissibilty of opposition on grounds of prior use (no) Examination by the EPO of its own motion when substantive examination of the opposition is not open (no) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870328ep1.html
Date retrieved: 17 May 2021
48 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)