J 0027/97 (Notification/D. W. ZIMMERMAN) of 26.10.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:J002797.19981026
- Date of decision
- 26 October 1998
- Case number
- J 0027/97
- Petition for review of
- -
- Application number
- 95906779.4
- IPC class
- B66D 1/10
- 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
- Balancing hoist and material handling system
- Applicant name
- D. W. Zimmerman Manufacturing, Inc. et al
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 119 1973European Patent Convention Art 133(2) 1973European Patent Convention R 104b 1973European Patent Convention R 65 1973European Patent Convention R 69 1973European Patent Convention R 77(1) 1973European Patent Convention R 78(2) 1973European Patent Convention R 82 1973European Patent Convention R 85a(1) 1973European Patent Convention R 85b 1973
- Keywords
- Notification by ordinary letter
Notification deemed to have been made when despatch has taken place
No regular notification by facsimile transmission - Catchword
- Facsimile transmission does not comply with the form notification has to take under Rule 77(1) EPC. The irregularity of such transmission is not cured by the fact that the facsimile of a document has reached the addressee (Rule 82 EPC).
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.