J 0015/90 of 28.11.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:J001590.19941128
- Date of decision
- 28 November 1994
- Case number
- J 0015/90
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- J 0015/90 Re-establishment 1992-09-04
- Abstracts for this decision
- -
- Application title
- Method for introducing melting reactive metals and alloys
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 121 1973European Patent Convention Art 122 1973European Patent Convention Art 94 1973European Patent Convention R 85b 1973
- Keywords
- Restitutio - insufficient payment
- Catchword
- An insufficient payment of a fee does not result in a loss of rights if the error occured 18 days before the period expired and the EPO failed to inform the applicant (J 13/90 Castleton OJ 1994,456 followed).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request for examination for European patent application No. xxx together with the surcharge is deemed to be filed in due time.
3. The case is remitted to the Receiving Section for further processing.