J 0009/86 (Restitutio) of 17.03.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000986.19870317
- Date of decision
- 17 March 1987
- Case number
- J 0009/86
- Petition for review of
- -
- Application number
- -
- IPC class
- A43B 13/92
- 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
- Mechanical toothbrush
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(2) 1973European Patent Convention Art 122 1973European Patent Convention Art 122(2) 1973European Patent Convention Art 122(4) 1973European Patent Convention Art 97 1973European Patent Convention Art 97(1) 1973European Patent Convention Art 97(3) 1973European Patent Convention Art 97(5) 1973European Patent Convention R 51(4) 1973European Patent Convention R 67 1973European Patent Convention R 78(3) 1973
- Keywords
- Failure to meet Rule 51(4) time limit
Application deemed withdrawn
Grant and printing fees - absolute time-limit
Application for re-establishment
Removal of cause of non-compliance
All due care
Decision - no power to issue - void ab initio loss of rights (no)
Restitutio - failure to observe a time-limit (no) - legal basis (no)
Restitutio - omitted act - department competent to decide
Decision re appeal - exercise of power - remittal (no)
Restitutio - all due care - failure to observe a time- limit - change in practice as contributory factor
Restitutio - allowed
Substantial procedural violation (yes) - reimbursement of appeal fee (no) - Catchword
- -
- Cited cases
- J 0022/86
ORDER
For these reasons, it is decided that:
1. The Decision of the Formalities Section of the Examining Division dated 3 October 1985 is set aside.
2. European patent application No. xxx is deemed to have been withdrawn following the failure to comply with the formal requirements of Rule 51(4) EPC within the prescribed time limit.
3. The application under Article 122 EPC for re-establishment of rights filed on 23 January 1985 is allowed, and therefore the rights of the Appellant in European patent application No. xxx are re-established.
4. The fees in respect of the application under Article 122 EPC filed on 11 March 1985, and in respect of the appeal filed on 2 December 1985, should be refunded.