J 0004/93 (Re-establishment) of 24.05.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:J000493.19930524
- Date of decision
- 24 May 1993
- Case number
- J 0004/93
- Petition for review of
- -
- Application number
- 90914566.6
- IPC class
- G01N 21/35
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- J 0004/93 Re-establishment 1994-06-09
- Abstracts for this decision
- -
- Application title
- Method for analyzing agent gas
- Applicant name
- Nellcor Incorporated
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 122(5) 1973
- Keywords
- Enlarged Board of Appeal - referral
Restitutio - inapplicable time limits - scope of
General principles - legitimate expectation - Catchword
- -
- Cited cases
- -
- Citing cases
- J 0025/96
ORDER
For these reasons, it is decided that:
The following points of law are referred to the Enlarged Board of Appeal:
1. Is the EPO and are the Boards of Appeal, in the light of Article 172 EPC, competent to exclude, by way of interpretation of Article 122(5) EPC, the time limit provided for in Rule 104b(l)(b) EPC from re-establishment of rights?
2. If the answer is yes (and the decision G 3/91 is confirmed with regard to the time limit provided for in Rule 104b(l)(b) EPC): Is the former, constant practice of the EPO regarding the applicability of Article 122 EPC to the time limit referred to in Rule 104b(1)(b) EPC a sufficient basis for the legitimate expectations of a party to have its request for re-establishment examined according to this former practice, if the request was filed before the party was duly informed of the decision G 3/91?
3. If the answer to question 2 is yes: From which date can the users of the EPO be assumed to have been duly informed of decision G 3/91?