| European Case Law Identifier: | ECLI:EP:BA:1993:T053489.19930202 | ||||||||
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| Date of decision: | 02 February 1993 | ||||||||
| Case number: | T 0534/89 | ||||||||
| Application number: | 84300954.9 | ||||||||
| IPC class: | A61C 17/02 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Improved dental cleaning system | ||||||||
| Applicant name: | Dentsply Research and Development Corporation | ||||||||
| Opponent name: | EMS S.A. Electro Medical Systems | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | 1. Whereas the apportioning of costs between parties may be appropriate in cases of neglect or ignorance, when a late submission is caused by deliberate manipulation the justification for exercising the discretion under Article 114(2) EPC against a party who willfully acted contrary to good faith should be considered (point 2.3 of the Reasons). 2. When abuse of procedure is manifest in view of the fact that a party deliberately abstained from raising an issue even when the evidence in its support was available, it would be contrary to the principle of good faith to admit such evidence by applying Article 114(2) EPC in favour of that party. Consequently, in exercising its discretion under Article 114 EPC, the Board finds it justified to dismiss the objection of prior use irrespective of its potential relevance (point 2.7 of the Reasons). |
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| Keywords: | Late submission - abuse of procedure Discretion under Article 114(2) EPC Disregard of late submission irrespective of relevance |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890534ex1.html
Date retrieved: 17 May 2021
26 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
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)