T 0018/81 (Olefin polymers) of 01.03.1985

European Case Law Identifier: ECLI:EP:BA:1985:T001881.19850301
Date of decision: 1 March 1985
Case number: T 0018/81
Petition for review of: -
Application number: 78200028.5
IPC class: -
Language of proceedings: French
Distribution: Published in the EPO's Official Journal (A)
Download: -
OJ versions: German
English
French
Other decisions for this case: -
Abstracts for this decision: -
Application title: -
Applicant name: Solvay
Opponent name: -
Board: 3.3.01
Headnote: Due process of law required by Article 113 EPC has not been applied when a decision to refuse an application is based essentially on documents which, though supplied by the applicant in support of his case, are used against him to produce an effect on which he has not had an opportunity to make observations.
Relevant legal provisions: European Patent Convention Art 113(1) 1973 European Patent Convention Art 123(2) 1973 European Patent Convention Art 52(1) 1973 European Patent Convention Art 56 1973 European Patent Convention R 67 1973
Keywords: Inventive step; Documents supplied by the applicant used against him
Procedural substantial violation
Reimbursement of appeal fee
Violation party's right to be heard in accordance with due process of law
Catchword: -
Cited cases: -
Citing cases: R 0008/09 T 0800/90 T 0188/95 T 0864/02 T 1420/05

ORDER

For these reasons, it is decided that:

1. The decision of the Examining Division of the European Patent Office of 10 February 1981 is set aside.

2. The matter is referred back to the department of first instance with the order that a European patent be granted on the basis of the following documents: Claims 1 - 10 received on 5 March 1980 pages 1, 1 bis, 2, 2 bis and 3 received on 28 September 1984, pages 4, 5, 6 and 6 bis received on 5 March 1980 and the original page 7.

3. Reimbursement of the appeal fee is ordered.