| European Case Law Identifier: | ECLI:EP:BA:1991:T066990.19910814 | ||||||||
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| Date of decision: | 14 August 1991 | ||||||||
| Case number: | T 0669/90 | ||||||||
| Application number: | 84306756.2 | ||||||||
| IPC class: | H01L 27/08 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | ATT | ||||||||
| Opponent name: | Telefunken | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | 1. If the EPO sends a communication which (on a reasonable interpretation) misleads a party into believing that it is not necessary to defend its interests by filing observations in reply to new facts and evidence filed by an adverse party, and if such new facts and evidence then form the basis for a decision adversely affecting the misled party, the latter has not had "an opportunity to present its comments" within the meaning of Article 113(1) EPC. Such a procedure is also not a fair procedure and is contrary to the principle of good faith governing relations between the EPO and parties to proceedings before it (Decision T 22/89 dated 26 June 1990 not followed). 2. Following the late filing of new evidence by an opponent, if the EPO intends to consider such evidence in view of its relevance to the decision to be taken, then in the absence of observations upon such evidence by the patent proprietor, it is necessary within the meaning of Article 101(2) EPC to invite the proprietor to present his comments by filing observations before the case can be decided on the basis of such evidence. This necessity follows both from Article 113(1) EPC and from the general principles of procedural law applicable under Article 125 EPC. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Misleading EPO communication No invitation to file observations Decision based on new facts and evidence without inviting observations Substantial procedural violation Inventive step (no) Appeal not allowable No refund of appeal fee possible |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t900669ex1.html
Date retrieved: 17 May 2021
18 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)