| European Case Law Identifier: | ECLI:EP:BA:1990:T055088.19900327 | ||||||||
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| Date of decision: | 27 March 1990 | ||||||||
| Case number: | T 0550/88 | ||||||||
| Application number: | 82304950.7 | ||||||||
| IPC class: | C10M 139/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Mobil | ||||||||
| Opponent name: | Mobil | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. A national prior right is not a "European patent application" within the meaning of Article 54(3) EPC, and is accordingly not comprised in the state of the art. 2. A notice of opposition, if it is to be admissible, should state the legal and factual reasons why the alleged grounds of opposition should succeed. If the only facts and evidence which are indicated in the notice of opposition cannot as a matter of law support the alleged grounds of opposition, the opposition is inadmissible. This is the case, where the facts and evidence presented in support of the ground of lack of novelty relate only to national prior rights. 3. Amendments in opposition proceedings which are proposed only in view of the existence of prior national rights are neither necessary nor appropriate within the meaning of Rule 58(2) EPC and are accordingly not allowable (deviating from Guidelines C-III,8.4 and Legal Advice 9/81, OJ EPO 1981,68). 4. Amendments proposed in response to a notice of opposition are not allowable if the opposition is inadmissible. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Lack of novelty under Art.54(3) EPC as only ground of opposition National prior rights as only support for such ground National prior rights not state of the art under Art.54(3) EPC Opposition inadmissible Amendments proposed in view of national prior rights not allowable |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880550ex1.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.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)