T 0448/89 (Stimulating electrode) of 30.10.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T044889.19901030
- Date of decision
- 30 October 1990
- Case number
- T 0448/89
- Petition for review of
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- Application number
- 84100160.5
- IPC class
- A61N 1/04
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Siemens
- Opponent name
- Biotronik
- Board
- 3.4.01
- Headnote
1. The requirement under Rule 55(c) EPC that the facts presented in support of the grounds be indicated in a notice of opposition is not met if several different subject-matters are described in a document cited as novelty-destroying and it is neither indicated nor readily recognisable which of them is supposed to incorporate all the features of a contested claim.
2. The requirement under Rule 55(c) EPC that the evidence and arguments in support of the facts presented be indicated in the notice of opposition is not met if it is neither indicated nor readily recognisable which of several documents mentioned therein is supposed to prove which fact presented.
- Relevant legal provisions
- European Patent Convention Art 99(1) 1973European Patent Convention R 55(c) 1973
- Keywords
- Inadmissible notice of opposition
Facts, evidence and arguments not indicated
Insufficient substantiation of notice of opposition - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The notice of opposition is rejected as inadmissible.