J 0011/88 (Postal strike) of 30.08.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:J001188.19880830
- Date of decision
- 30 August 1988
- Case number
- J 0011/88
- Petition for review of
- -
- Application number
- 84306417.1
- IPC class
- H01S 3/06
- 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
- -
- Applicant name
- Leland Stanfor
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. Whether or not an interruption in the delivery of mail or subsequent dislocation qualifies as a "general interruption" within the meaning of Rule 85(2) EPC is a question of fact which has to be decided upon the basis of any credible information available. In case of doubt, the EPO should make official enquiries of its own motion, in application of Article 114(1) EPC.
2. Rule 85(2) EPC is so drafted ("shall extend") that if a "general interruption" occurs, any time limit which expires within the period of interruption or dislocation is extended by operation of law. .
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention R 85(2) 1973
- Keywords
- Extension of time limits - general interruption in delivery of mail
Evidence provided by the parties - official enquiries - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The appeal is allowed and the decision of the Formalities Section of Directorate General 2 dated 28 October 1987 is set aside.
2. Reimbursement of the surcharge paid under Rule 85b EPC is ordered.