T 0387/89 (Cardioverter) of 18.2.1991 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1991:T038789.19910218

Date of decision:

18 February 1991

Case number:

T 0387/89

Application number:

82301160.6

IPC class:

A61N 1/38

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 555Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	OJ \| Published

Title of application:

Applicant name:

Medtronic

Opponent name:

Biotechnik

Board:

3.4.01

Headnote:

1. Neither an Opposition Division nor a Board of Appeal has any duty to reconsider the relevance of documents cited in the European search report, if such documents have not been relied upon by the opponent to support his grounds of opposition.
2. An Opposition Division or a Board of Appeal may introduce such documents into opposition proceedings even if not so relied upon by the opponent, if they have strong reasons to consider that such documents do in fact provide evidence in support of a ground of opposition that is of such relevance that it could affect the outcome of the opposition proceedings.

Relevant legal provisions:

European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 114

Keywords:

Introduction by the Board of documents cited in the European Search Report but not relied upon by the Examining Division or cited by the opponent
Strong reasons that they could affect the decision
Inventive step (no)

Catchwords:

Cited decisions:

Citing decisions:

T 0338/89
T 0812/95
T 1088/02

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890387ex1.html

Date retrieved: 17 May 2021