J 0019/84 (Re-establishment of rights/text of application) of 12.11.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:J001984.19841112
- Date of decision
- 12 November 1984
- Case number
- J 0019/84
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Tubular carton and blank for making it
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(2) 1973European Patent Convention Art 122(1) 1973European Patent Convention R 51(4) 1973European Patent Convention R 51(5) 1973
- Keywords
- Restitutio - all due care- assistant
Restitutio - all due care - isolated mistake
Disapproval of the the text by Examining Division
Substantial procedural violation (yes)
Reimbursement of appeal fee (yes)
Basis of decision - Catchword
- -
- Citing cases
- T 1439/05
ORDER
For these reasons, it is ordered that:
1. The appellant is re-established in its rights and the appeal is deemed to have been filed and the appeal fee to have been paid in due time.
2. The decision to refuse the European patent application dated 3 May 1984 is set aside.
3. The appeal fee shall be reimbursed to the appellant
4. The European patent application is remitted to the Examining Division for examination to be resumed.