T 0046/07 of 26.06.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T004607.20070626
- Date of decision
- 26 June 2007
- Case number
- T 0046/07
- Petition for review of
- -
- Application number
- 97116697.0
- IPC class
- A01B 51/02
- 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
- Self-moving vehicle for agricultural and industrial uses
- Applicant name
- Osvaldo Silvestrin
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 122 1973
- Keywords
- Restitutio in integrum
Late payment of the fee for re-establishment
Application for re-establishment deemed not to have been filed
Appeal deemed not to have been filed - Catchword
- "If the fee for re-establishment of rights is paid after expiry of the two-month period laid down in Article 122(2) EPC, the application for re-establishment of rights does not come into existence and therefore the fee must be refunded even without a respective request"
ORDER
For these reasons, it is decided that
1. The application for re-establishment of rights is deemed not to have been filed.
2. The notice of appeal is deemed not to have been filed.
3. The fee for re-establishment of rights, the appeal fee and the tenth renewal fee and its additional fee are to be refunded.