T 0874/03 of 28.06.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T087403.20050628
- Date of decision
- 28 June 2005
- Case number
- T 0874/03
- Petition for review of
- -
- Application number
- 95937223.6
- IPC class
- A01J 7/02
- 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
- An implement for milking animals
- Applicant name
- MAASLAND N.V.
- Opponent name
- DeLaval International AB
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention R 63(1) 1973Rules of procedure of the Boards of Appeal Art 10b
- Keywords
- Document and its translation submitted for the first time during oral proceedings - prima facie relevant - exceptionally admitted with the agreement of the patentee
Remittal to the department of the first instance for consideration of this late filed material
Apportionment of costs to the detriment of the late filing party - Catchword
- (i) A document filed shortly before, or during, the oral proceedings before the Board may not in principle be admitted into the proceedings, if its admission would lead to an adjournment of the proceedings;
(ii) However such late filed material may exceptionally be admitted if there are prima facie strong reasons that it would prejudice the maintenance of the European patent in whole or in part and if the patent proprietor agrees to its admission;
(iii) In such case the decision to admit such late filed material may in principle lead to an apportionment of costs to the detriment of the late filing party.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.
3. The travel and accommodation costs of the Appellant incurred due to the oral proceedings before the Board shall be borne by the Respondent (opponent).