T 0433/93 (Re-hearing) of 6.12.1996

European Case Law Identifier: ECLI:EP:BA:1996:T043393.19961206
Date of decision: 06 December 1996
Case number: T 0433/93
Application number: 85900481.4
IPC class: H05K 3/02
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 549 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Production of copper-clad dielectric boards
Applicant name: ATOTECH UK LIMITED
Opponent name: Isola Werke AG
Board: 3.4.01
Headnote: I. If an Opposition Division wishes to introduce a new ground of opposition into the proceedings in addition to the ground(s) substantiated in the notice of opposition, either of its own motion or upon request by an opponent, the patent proprietor must be informed (normally in writing) not only of the new ground of opposition (ie the new legal basis for the opposition), but also of the essential legal and factual reasons (ie its substantiation) which could lead to a finding of invalidity and revocation. Thereafter the patent proprietor must have a proper opportunity to present comments in reply to the new ground and its substantiation.
II. Following a substantial procedural violation in connection with a decision issued by a first instance department, at the request of a party, such decision has to be set aside. If a party has reasonable grounds to suspect that the same composition of Opposition Division would be tainted by the previous decision and therefore partial, at the request of that party the case should be re-heard before a different composition of Opposition Division.
Relevant legal provisions:
European Patent Convention 1973 Art 100(a)
European Patent Convention 1973 Art 100(b)
European Patent Convention 1973 Art 113(1)
European Patent Convention 1973 R 67
Keywords: Opposition substantiated on ground of lack of inventive step
New ground of lack of novelty introduced by Opposition Division during oral proceedings
Patent revoked by Opposition Division on grounds of lack of novelty and insufficiency (Article 100(b) EPC)
Catchwords:

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Cited decisions:
G 0005/91
G 0010/91
G 0004/92
G 0001/95
G 0007/95
J 0003/90
T 0020/85
T 0261/88
T 0951/92
Citing decisions:
R 0020/10
T 1037/96
T 0216/98
T 0376/98
T 0071/99
T 1065/99
T 0316/00
T 1164/00
T 0275/01
T 0611/01
T 0985/01
T 1021/01
T 0400/02
T 1193/02
T 0064/03
T 0190/03
T 0281/03
T 0283/03
T 0572/03
T 1184/07
T 1478/07
T 1549/07
T 0038/11
T 0285/11
T 1088/11
T 0066/14
T 2475/17

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