J 0029/86 (Excess claims) of 12.06.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J002986.19870612
- Date of decision
- 12 June 1987
- Case number
- J 0029/86
- Petition for review of
- -
- Application number
- 81301196.2
- IPC class
- F01N 3/04
- 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
- Paccar
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. If the correctness of a notification of loss of rights under Rule 69(1) EPC is challenged, the EPO owes a duty to reply within a period of time which is reasonable having regard to the subject-matter of the notification.
2. Under Rule 69(2) EPC a person who applies for a decision is entitled to receive one, and a failure to issue a decision in such circumstances is a substantial procedural violation.
- Relevant legal provisions
- European Patent Convention Art 122 1973European Patent Convention R 31 1973European Patent Convention R 67 1973European Patent Convention R 69 1973
- Keywords
- Excess claims fees not paid in due time
Incorrect Notification of loss of rights
Notification of loss of rights/incorrect
Cause of non-compliance not removed by incorrect notification
Re-establishment allowed
Failure to issue decision under Rule 69(2)/procedural violation
Procedural violation/failure to issue Decision under Rule 69(2)
Appeal fee reimbursed
Reimbursement of appeal fee - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The appeal is allowed.
2. The Decision of the Formalities Section of the Examining Division dated 15 July 1986 is set aside.
3. The application for re-establishment of rights under Article 122 EPC is allowed, and the rights of the Appellant in Claims 14 to 17 of European Patent Application No. 81 301 196.2 are re-established.
4. The appeal fee shall be reimbursed.