T 0484/90 (Cable car) of 21.10.1991

European Case Law Identifier: ECLI:EP:BA:1991:T048490.19911021
Date of decision: 21 October 1991
Case number: T 0484/90
Application number: 84400036.4
IPC class: B61B 7/00
B61B 12/00
Language of proceedings: FR
Distribution:
Download and more information:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Pomagalski
Opponent name: Doppelmayr & Sohn
Board: 3.2.01
Headnote: If a party duly summoned to oral proceedings does not appear as summoned, a decision against it which is based on new evidence (such as a document) on which it has not had an opportunity to present its comments may not be pronounced at those oral proceedings without infringing the absent party's right to be heard (Article 113(1)), unless it has indicated that it is forfeiting that right.
Relevant legal provisions:
European Patent Convention 1973 Art 113(1)
European Patent Convention 1973 Art 114(1)
European Patent Convention 1973 R 67
European Patent Convention 1973 R 68(1)
European Patent Convention 1973 R 71(2)
Keywords: Decision issued during oral proceedings based on document not brought to attention of absent party
Decision taken an infringement of right to be heard (yes)
Non-appearance interpreted as forfeiting right to be heard (no)
Substantial procedural violation (yes)
Reimbursement of appeal fees although not requested (yes)
Obligation to examine an amended main claim taking up the content of an unproposed dependent claim (yes)
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0696/89
T 0035/92
T 0058/92
T 0927/05

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t900484ep1.html

Date retrieved: 17 May 2021

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