T 0343/02 (Scanning system/PRIMAX) of 20.01.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T034302.20030120
- Date of decision
- 20 January 2003
- Case number
- T 0343/02
- Petition for review of
- -
- Application number
- 93918513.8
- 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
- T 0343/02 Scanning system/SOQUE HOLDINGS 2006-04-27
- Abstracts for this decision
- -
- Application title
- Automatically initiated scanning system
- Applicant name
- Soque Holdings, Ltd.
- Opponent name
- Dov and Ophira Rosolio Aharonson
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention R 65(1) 1973European Patent Convention R 69(1) 1973Rules relating to fees Art 2(11)Rules relating to fees Art 8(1)(a)Rules relating to fees Art 9(1)
- Keywords
- Payment of appeal fee by cheque into EPO's Euro-account in London - small amount lacking due to deduction of bank charges
Admissibility of appeal (yes) - Catchword
- 1. Overlooking an underpayment of the appeal fee of less than two percent is justified pursuant to Article 9(1), last sentence, Rules Relating to Fees if this underpayment is due to the unexpected deduction of bank charges from the correct amount paid by cheque into the Euro account of the EPO in a country not having adopted the Euro system.
2. The notice of appeal referring to details of payment of the appeal fee and the fact of paying more than 98 percent of the appeal fee in time give clear indications within the meaning of G 2/97 that payment of the appeal fee was intended so that the principle of good faith obliges the EPO to notify the appellants if there is sufficient time to react before expiry of the period for payment. - Citing cases
- -
ORDER
For these reasons it is decided that:
The appeal is admissible.