T 0930/92 (Ion beam processing) of 29.5.1995

European Case Law Identifier: ECLI:EP:BA:1995:T093092.19950529
Date of decision: 29 May 1995
Case number: T 0930/92
Application number: 82109014.9
IPC class: H01J 37/30
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 42 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Ion beam processing apparatus and method of correcting mask defects
Applicant name: Hitachi, Ltd.
Opponent name: ICT
Board: 3.4.01
Headnote: I. There is an equitable obligation upon every party who is summoned to oral proceedings to inform the EPO as soon as it knows that it will not attend as summoned. This is the case whether or not that party has itself requested oral proceedings, and whether or not a communication has accompanied the summons to oral proceedings.
II. If a party who has been summoned to oral proceedings fails to attend as summoned without notifying the EPO in advance that it will not attend, an apportionment of costs in favour of another party who has attended as summoned may be justified for reasons of equity in accordance with Article 104(1) EPC.
III. When fixing the amount of costs to be paid to a party, in addition to the remuneration of the professional representative of that party, the expenses incurred by an employee of that party in order to instruct the professional representative before and during oral proceedings may be taken into consideration under Rule 63(1) EPC, if such instruction was "necessary to assure proper protection of the rights involved."
Relevant legal provisions:
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 104
European Patent Convention 1973 Art 133
European Patent Convention 1973 R 63
European Patent Convention 1973 R 71
Keywords: Inventive step (yes)
Oral proceedings appointed following auxiliary requests by both parties
No communication under Article 11(2) RPBA
Appellant failed to appear at oral proceedings as summoned
Apportionment of costs in favour of Respondent
Fixed amount ordered
Reasonable level of costs
Catchwords:

-

Cited decisions:
T 0003/90
Citing decisions:
T 0434/95
T 0556/96
T 0049/97
T 0042/99
T 0082/00
T 0692/00
T 0047/01
T 0937/04
T 0123/05
T 0212/07
T 0475/07
T 0301/12
T 0258/13
T 0013/19

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t920930ex1.html

Date retrieved: 17 May 2021

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