T 0760/89 (Return of documents) of 6.9.1993

European Case Law Identifier: ECLI:EP:BA:1993:T076089.19930906
Date of decision: 06 September 1993
Case number: T 0760/89
Application number: 80107165.5
IPC class: B29D 29/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 669 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Method of producing cover fabrics for V belts and cover fabrics so produced
Applicant name: Burlington
Opponent name: Dayco Products
Board: 3.2.02
Headnote: Documents filed as evidence during opposition proceedings and submissions referring to them in principle remain in the file until the end of the proceedings and for at least five more years.
Documents filed as evidence may only exceptionally and on a substantiated request remain unconsidered and be returned.
Such an exception exists if the interests of the filing party in having them returned unconsidered clearly prevail over the interests of any other party and the public interest.
This may be the case if the documents were filed in breach of a confidentiality agreement and if they did not belong to the state of the art but were third party statements filed against the opposition, and if the other parties involved agreed with the request.
The same applies to submissions referring to such documents.
Relevant legal provisions:
European Patent Convention 1973 Art 114
European Patent Convention 1973 Art 117
European Patent Convention 1973 Art 128
European Patent Convention 1973 R 93
European Patent Convention 1973 R 95
Keywords: Return of documents of evidence
Return of submissions
Confidentiality agreement
Court order
Catchwords:

-

Cited decisions:
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Citing decisions:
T 0443/93

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890760ex1.html

Date retrieved: 17 May 2021

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EPO Guidelines - E General Procedural Matters

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Case Law Book: III Amendments

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