T 0811/90 (Exclusion of documents from file inspection) of 2.4.1992

European Case Law Identifier: ECLI:EP:BA:1992:T081190.19920402
Date of decision: 02 April 1992
Case number: T 0811/90
Application number: 85302903.1
IPC class: F02F 3/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 421 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: AE PLC
Opponent name: -
Board: 3.2.04
Headnote: 1. It is the duty of the Opposition Division, having communicated its intention to organise oral proceedings, to inform the parties as soon as possible of a withdrawal of the request for oral proceedings by one of the parties and the subsequent change of attitude of the Opposition Division towards holding oral proceedings.
2. Filed documents, which, as a consequence of a substantial procedural violation, are to be withdrawn from the part of the file available for public inspection and which furthermore do not fall under one of the alternatives (a) to (d) of Rule 93 EPC have to be returned to the filing party on its request.
Relevant legal provisions:
European Patent Convention 1973 Art 107 Sent 2
European Patent Convention 1973 Art 116
European Patent Convention 1973 Art 128(4)
European Patent Convention 1973 R 67
European Patent Convention 1973 R 93
Keywords: Opponent did not appeal against the decision rejecting the opposition and is not a party in the present appeal (section 2)
A modified request of a party and the change of a previously communicated intention of the Opposition Division should be communicated to the parties before a decision is taken
Substantial procedural violation
Letter and its enclosures filed by the Appellant to be withdrawn from the file and to be returned to him
Reimbursement of the appeal fee - yes
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0048/98
T 1032/10

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