T 0804/92 (Refrigeration apparatus) of 8.9.1993

European Case Law Identifier: ECLI:EP:BA:1993:T080492.19930908
Date of decision: 08 September 1993
Case number: T 0804/92
Application number: 85900817.9
IPC class: H02J 7/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 624 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Energy saving refigeration apparatus having a control
Applicant name: Thermo Produkter
Opponent name: WAECO
Board: 3.5.02
Headnote: While it is permissible, and even desirable, in proceedings before the EPO for the EPO to draw attention to any discrepancies between the arguments presented and the documents which are supposed to support those arguments, this should always be done in an as neutral and objective way as possible. It is definitely not proper to request the filing of statements under oath having a content suggested by the Opposition Division or any other instance. This involves the risk of leading witnesses and could seriously undermine the probative value of such statements. Such practice should therefore be avoided (point 5 of the reasons for the decision).
Relevant legal provisions:
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 117(1)(g)
European Patent Convention 1973 Art 123(2)
Keywords: Inventive step (yes), after amendment
Sworn statements in writing, contents should not be suggested by EPO
Added subject-matter (no)
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0721/95

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t920804ex1.html

Date retrieved: 17 May 2021

5 references found.

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EPO Guidelines - E General Procedural Matters

Offical Journal of the EPO

Case Law Book: III Amendments