J 0020/85 (Missing claims) of 14.05.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J002085.19860514
- Date of decision
- 14 May 1986
- Case number
- J 0020/85
- Petition for review of
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- Application number
- 84111579.3
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Zenith
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. In a case in which an issue of fact arises between the European Patent Office and a party to proceedings before it, for example as to whether or not a particular document was filed on a particular day, evidence relating to it should be taken as soon as the issue of fact arises.
2. Article 113(1) EPC is of fundamental importance for ensuring a fair procedure between the European Patent Office and a party to proceedings before it, especially when such an issue of fact arises. A decision against a party to proceedings upon such an issue of fact can only properly be made by the European Patent Office after all the evidence on which such decision is to be based has been identified and communicated to the party concerned.
3. Although Article 117 EPC does not refer specifically to proceedings before the Receiving Section, that Section has power to take evidence.
- Relevant legal provisions
- European Patent Convention Art 113 1973European Patent Convention Art 114 1973European Patent Convention Art 117 1973European Patent Convention Art 125 1973European Patent Convention R 75 1973
- Keywords
- Missing application documents
Application documents/
Taking of evidence
Power of Receiving Section to take evidence
Fundamental right of party to comment on evidence
Burden of proof - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
(1) The Decision of the Receiving Section dated 26 April 1985 is set aside.
(2) The date of filing of European patent application No. 84 111 579.3 is considered as 27 September 1984.
(3) Reimbursement of the appeal fee is ordered.