European Patent Office

T 0445/08 (Water Filtration/Zenon/Identity of the Appellant) of 26.03.2015

European Case Law Identifier
ECLI:EP:BA:2015:T044508.20150326
Date of decision
26 March 2015
Case number
T 0445/08
Petition for review of
-
Application number
99955620.2
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Abstracts for this decision
-
Application title
WATER FILTRATION USING IMMERSED MEMBRANES
Applicant name
Zenon Technology Partnership
Opponent name
Evoqua Water Technologies LLC
Board
3.3.07
Headnote
-
Relevant legal provisions
European Patent Convention R 139
Keywords
Admissibility of appeal - notice of appeal - name and address of appellant
Admissibility of appeal - correction of error establishment of the true intention beyond any reasonable doubt[yes]
Catchword
If the notice of appeal is to be considered in the context of the file history, the true intention needs to be confirmed by external facts and evidence at least to prevent that requirements such as those of Article 107 EPC be circumvented (point 9).
In applying Rule 139 EPC to a party's request to correct a mistake in the notice of appeal in respect of the identity of the appellant, the principle of legal certainly needs to be taken into consideration (point 10).

Order

For these reasons it is decided that:

1. The request for correction of the name, the address and the mention of the nationality of the Appellant is allowed.

2. The appeal is admissible.

3. The proceedings on the substantive issues will be continued in writing.