| European Case Law Identifier: | ECLI:EP:BA:1989:T049388.19891213 | ||||||||
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| Date of decision: | 13 December 1989 | ||||||||
| Case number: | T 0493/88 | ||||||||
| Application number: | 81400060.0 | ||||||||
| IPC class: | G21C 3/34 | ||||||||
| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | CEA-FRAMATOM | ||||||||
| Opponent name: | Siemens | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | 1. Under the provisions of Articles 101(1) and 102(2) EPC, an Opposition Division cannot validly hold that an opposition must be rejected until it has assured itself that none of the grounds for opposition listed in Article 100 EPC preclude the maintenance of the European patent at issue. It may not confine its examination merely to the grounds expressly mentioned in the notice of opposition but must examine the facts of its own motion in accordance with Article 114(1) EPC. 2. A decision of an Opposition Division rejecting the opposition is not correctly reasoned within the meaning of the first sentence of Rule 68(2) EPC if, after giving the reasons why the Opposition Division, unlike the opponent, considers the subject- matter of the patent to be new, it fails to state the reasons why it considers that the subject-matter also involves an inventive step. |
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| Keywords: | Insufficiently reasoned decision Examination of the opposition Scope of the powers of Opposition Division and the Board of Appeal Examination by the EPO of its own motion |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880493ep1.html
Date retrieved: 17 May 2021
10 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)