J 0002/90 (Postal strike) of 30.04.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:J000290.19900430
- Date of decision
- 30 April 1990
- Case number
- J 0002/90
- Online on
- 9 May 1990
- Petition for review of
- -
- Application number
- 88311542.0
- IPC class
- G11B 21/21
- 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
- Self-loading head assembly for disk drives
- Applicant name
- Digital Equipment
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 85(2) 1973
- Keywords
- Postal strike
General interruption in delivery of mail
Basis of decision - Catchword
- 1. Article 113(1) EPC requires decisions by the EPO to be based only on grounds or evidence on which the parties concerned have had an opportunity to present their comments. This fundamental principle is not observed in a case in which the Office has made an examination of the facts of its own motion (Article 114(1) EPC) unless the parties concerned have been fully informed about the enquiries made and the results thereof and then given sufficient opportunity to present their comments before any decision is issued.
2. When the Office investigates facts of its own motion pursuant to Article 114(1) EPC, ist must do so in a wholly objective manner. - Cited cases
- -
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the Receiving Section is set aside and the claimed priority of 4 December 1987 is restored.
2. The appeal fee is to be reimbursed.