T 0274/95 (Re-introduced ground of opposition) of 2.2.1996

European Case Law Identifier: ECLI:EP:BA:1996:T027495.19960202
Date of decision: 02 February 1996
Case number: T 0274/95
Application number: 85308677.5
IPC class: G07F 3/02
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 98 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Coin checking apparatus
Applicant name: MARS INCORPORATED
Opponent name: WH Münzprüfer Dietmar Trenner GmbH
Board: 3.4.01
Headnote: I. If a ground of opposition is substantiated in the notice of opposition but is subsequently not maintained during the Opposition Division proceedings (here: a statement to that effect is made by the opponent during oral proceedings), the Opposition Division is under no obligation to consider this ground further or to deal with it in its decision, unless the ground is sufficiently relevant to be likely to prejudice maintenance of the patent (following Opinion G 10/91).
II. A ground of opposition which is substantiated in the notice of opposition but which is subsequently not maintained before the Opposition Division, if sought to be re-introduced during appeal proceedings is not a "fresh ground of opposition" within the meaning of Opinion G 10/91, and may consequently be re-introduced into the appeal proceedings without the agreement of the patent proprietor, in the exercise of the Board of Appeal's discretion.
Relevant legal provisions:
European Patent Convention 1973 Art 56
European Patent Convention 1973 Art 100(c)
European Patent Convention 1973 Art 114(1)
European Patent Convention 1973 Art 123(2)
Keywords: Ground of opposition (Article 100(c) EPC) substantiated in the notice of opposition but not maintained before the Opposition Division
Re-introduction into appeal proceedings in the discretion of the Board of Appeal
Subject-matter which extends beyond the content of the application as filed (no)
Inventive step (yes)
Catchwords:

-

Cited decisions:
G 0010/91
Citing decisions:
T 0342/98
T 0589/98
T 0899/98
T 0967/98
T 0101/00
T 0520/01
T 0877/01
T 0736/05
T 1491/07
T 1403/13
T 0571/19

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t950274ex1.html

Date retrieved: 17 May 2021

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