| European Case Law Identifier: | ECLI:EP:BA:1994:T064793.19940406 | ||||||||
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| Date of decision: | 06 April 1994 | ||||||||
| Case number: | T 0647/93 | ||||||||
| Application number: | 88309812.1 | ||||||||
| IPC class: | G11B 5/64 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Magneto-optic recording medium and method of magneto-optic recording using the same medium | ||||||||
| Applicant name: | Hitachi Maxell Limited | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.5.02 | ||||||||
| Headnote: | I. The provision of Article 113(2) EPC, that the European Patent Office shall consider and decide upon the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant for or proprietor of the patent, is a fundamental procedural principle, being part of the right to be heard, and is of such prime importance that any infringement of it, even as the result of a mistaken interpretation of a request, must, in principle, be considered to be a substantial procedural violation. In any case, such violation occurs when, as in the present case, the Examining Division does not make use of the possibility of granting interlocutory revision under Article 109 EPC, after the mistake has been pointed out in the grounds of appeal. | ||||||||
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| Keywords: | Decision of first instance not taken on text submitted by applicant - substantial procedural violation Failure to follow procedure set out in Guidelines - not a substantial procedural violation Decision of first instance not well reasoned - not a substantial procedural violation Remittal to first instance for further prosecution Reimbursement of appeal fee |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t930647ex1.html
Date retrieved: 17 May 2021
32 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)