J 0009/96 (Notification/H & L TOOTH COMPANY) of 27.11.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:J000996.19971127
- Date of decision
- 27 November 1997
- Case number
- J 0009/96
- Petition for review of
- -
- Application number
- 93904620.7
- IPC class
- E02F 9/28
- 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
- -
- Abstracts for this decision
- -
- Application title
- Attachment assembly for excavation teeth
- Applicant name
- H & L TOOTH COMPANY
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 119 1973European Patent Convention R 104b 1973European Patent Convention R 78(2) 1973European Patent Convention R 82 1973European Patent Convention R 85a 1973European Patent Convention R 85b 1973
- Keywords
- Notification by ordinary letter
Notification deemed to have been made when despatch has taken place - Catchword
- Notification of a communication posted as an ordinary letter in accordance with Rule 78(2) EPC is deemed to have been made when despatch has taken place. If such a communication has not reached the addresse and is not returned to the EPO, the legal fiction of deemed notification cannot be applied, unless it is established that the communication was duly despatched by the EPO.
- Cited cases
- G 0003/91
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Receiving Section for further prosecution.