| European Case Law Identifier: | ECLI:EP:BA:1988:T022788.19881215 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 15 December 1988 | ||||||||
| Case number: | T 0227/88 | ||||||||
| Application number: | 82303675.1 | ||||||||
| IPC class: | C11D 3/12 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | - | ||||||||
| Applicant name: | Unilever | ||||||||
| Opponent name: | Henkel | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | 1. In all cases in which amendments are requested by the patentee and are considered to be free from objection under Article 123 EPC, Article 102(3) EPC confers upon the Opposition Division and the Board of Appeal jurisdiction, and thus the power to decide upon the patent as amended in the light of the requirements of the Convention as a whole. This jurisdiction is thus wider than that conferred by Article 102(1) and (2) EPC, which expressly limits jurisdiction to the grounds of opposition mentioned in Article 100 EPC. 2. When substantive amendments are made to a patent within the extent to which the patent is opposed, both instances have the power to deal with grounds and issues arising from those amendments even though not specifically raised by an opponent pursuant to Rule 55(c) EPC (cf. point 3 of the Reasons; following T 9/87 - 3.3.1 Zeolites/ICI, 18 August 1988,JO EPO 1989, 438). |
||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Amendments in response to opposition - more substantial than necessary Power to deal with issues following therefrom although not specifically pleaded |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880227ex1.html
Date retrieved: 17 May 2021
18 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - H Amendments and Corrections
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)