T 0287/84 (Re-establishment) vom 11.06.1985

1. An application for re-establishment of rights may be considered as complying with the requirements that it must set out the facts on which it relies (Article 122(3) EPC) if the initially filed application in writing, which does not contain such facts, can be read together with a further document, which contains them and is filed before the expiry of the period within which the application has to be filed.

2. In considering whether "all due care required by the circumstances" has been taken, the word "all" is important and, for the purposes of Article 122(1) EPC, the circumstances of each case must be considered as a whole.