|European Case Law Identifier:||ECLI:EP:BA:1993:T053489.19930202|
|Date of decision:||02 February 1993|
|Case number:||T 0534/89|
|IPC class:||A61C 17/02|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Improved dental cleaning system|
|Applicant name:||Dentsply Research and Development Corporation|
|Opponent name:||EMS S.A. Electro Medical Systems|
|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).
|Relevant legal provisions:||
|Keywords:||Late submission - abuse of procedure
Discretion under Article 114(2) EPC
Disregard of late submission irrespective of relevance
Date retrieved: 30 December 2018