J 0003/90 (Postal strike) of 30.04.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:J000390.19900430
- Date of decision
- 30 April 1990
- Case number
- J 0003/90
- Petition for review of
- -
- Application number
- 88311543.8
- IPC class
- G11B 21/21
- 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
- Fisher Scientific
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. Rule 85(2) EPC does not apply only to disruptions in the delivery of mail of full national extension (in conformity with J 11/88, OJ EPO 1989, 433).
2. 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.
3. When the Office investigates facts of its own motion pursuant to Article 114(1) EPC, it must do so in a wholly objective manner.
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention R 85(1) 1973European Patent Convention R 85(2) 1973
- Keywords
- Postal strike
General interruption in delivery of mail
Basis of decision - Catchword
- -
- Cited 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.