T 0002/87 (Telegraphic money order) of 11.08.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T000287.19870811
- Date of decision
- 11 August 1987
- Case number
- T 0002/87
- Online on
- 1 September 1987
- Petition for review of
- -
- Application number
- 81402002.0
- IPC class
- F02M 9/36
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
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- Application title
- Distribution injection pump for diese engines
- Applicant name
- Bosch
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.02
- Headnote
1. The European Patent Office is under no legal obligation to receive cash payments delivered outside office hours, whether or not it is adivsed by the payer that such a payment is going to be made.
2. The concept of notional crediting to an account cannot reasonably be stretched to allow for recognition of notional receipt of cash on a day earlier than the day of actual receipt.
- Relevant legal provisions
- European Patent Convention Art 99(1) 1973Rules relating to fees Art 8(1)
- Keywords
- Belated payment of opposition fee
Opposition deemed not filed
Opposition fee - belated payment
Telegraphic money order - actual receipt of cash
Analogy with Rule 85 EPC (no)
Re-establishment of rights (not provided for) - Catchword
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- Cited cases
- -
- Citing cases
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ORDER
For these reasons, it is decided that:
1. The appeal is dismissed.
2. The fee paid for the opposition and the fee paid for re-establishment of rights are to be refunded to the Appellant.