T 0777/98 (Re-establishment/BASF) of 30.03.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T077798.20010330
- Date of decision
- 30 March 2001
- Case number
- T 0777/98
- Petition for review of
- -
- Application number
- 93912386.5
- IPC class
- C09D 5/44
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Katalysierte kationische Lackbindemittel, Verfahren zu ihrer Herstellung und ihre Verwendung
- Applicant name
- Vianova Resins AG
- Opponent name
- BASF Coatings AG
- Board
- 3.3.07
- Headnote
I. If a party to proceedings requests re-establishment of rights on the basis that a document missed an EPO time limit because it did not arrive within the standard delivery time, that party will have to prove that the form of postage used would normally have ensured that the document would reach the EPO on time.
II. Consideration of whether the party exercised due care with regard to the time limit, given that he assumed the document in question would be delivered by Deutsche Post AG within the standard delivery time (left open).
- Relevant legal provisions
- European Patent Convention Art 122 1973
- Keywords
- Standard delivery times
Due care - application of national standards (left open)
All due care (no) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The application for re-establishment is refused.
2. The appeal is rejected as inadmissible.