J 0004/87 (Delay in post) of 02.06.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000487.19870602
- Date of decision
- 2 June 1987
- Case number
- J 0004/87
- Petition for review of
- -
- Application number
- 85115799.0
- IPC class
- G07F 17/34
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Improvements relating to amusement arcade machines for use in amusement and/or gaming as the like
- Applicant name
- Elton
- Opponent name
- -
- Board
- 3.1.01
- Headnote
In the event of an unforeseeable postal delay causing non-compliance with a time limit, if Rule 85(2) EPC (relating to general interruption or subsequent dislocation in the delivery of mail in a Contracting State) is not applicable so as to extend the time limit, the EPO has no discretion to extend it.
- Relevant legal provisions
- European Patent Convention Art 75(1)(a) 1973European Patent Convention Art 80 1973European Patent Convention Art 87 1973European Patent Convention R 24 1973European Patent Convention R 83 1973European Patent Convention R 85 1973
- Keywords
- Loss of priority from postal delay
Filing date - receipt by EPO
Extension of time limit because of postal delay - discretion (no) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed, and the Decision of the Receiving Section dated 18 September 1986 is confirmed.