| European Case Law Identifier: | ECLI:EP:BA:1990:T025089.19901106 | ||||||||
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| Date of decision: | 06 November 1990 | ||||||||
| Case number: | T 0250/89 | ||||||||
| Application number: | 83400831.0 | ||||||||
| IPC class: | B64D 47/00 B60Q 1/00 |
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| Language of proceedings: | FR | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | SNIA | ||||||||
| Opponent name: | AEG | ||||||||
| Board: | 3.2.01 | ||||||||
| Headnote: | 1. Whilst Board of Appeal practice allows the grounds for appeal to be presented in a notice of appeal which has been produced in due time, the grounds presented must still include the legal or factual reasons why the appeal should be allowed and the decision under appeal set aside (T 220/83, OJ EPO 1986, 249 and J 22/86 OJ EPO 1987, 280). 2. When trying to establish that he was not in a position to observe the time limit laid down in Article 108, third sentence, EPC, an appellant may not invoke the late production of a document necessary to enable him to develop his case but held by a third party, where it emerges from his correspondence that despite not having said document in his possession he had sufficient information available within the time limit to file a statement setting out the grounds of appeal in accordance with the requirements of the EPC. |
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| Keywords: | Admissibility of appeal (rejected) Re-establishment of rights (refused) Due care required by the circumstances (lacking) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890250ep1.html
Date retrieved: 17 May 2021
11 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)