T 0858/18 of 20.05.2019
- European Case Law Identifier
- ECLI:EP:BA:2019:T085818.20190520
- Date of decision
- 20 May 2019
- Case number
- T 0858/18
- Petition for review of
- -
- Application number
- 10702347.5
- IPC class
- H05B 37/02
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Lighting Control System Responsive to Ambient Lighting Conditions
- Applicant name
- Koninklijke Philips N.V.
- Opponent name
- B.E.G. Brück Electronic GmbH
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 99(1)European Patent Convention R 50(3)European Patent Convention R 77(1)Rules of procedure of the Boards of Appeal Art 20Vienna Convention on the Law of Treaties (1986) Art 31
- Keywords
- Opposition inadmissible - Statement according to Rule 76(2)(c) EPC filed after lapse of opposition period.
According a date of receipt to documents according to Rule 50(3) EPC if facsimile transmission extends beyond midnight. - Catchword
- If a facsimile transmission of a document within the meaning of Rule 50(3) EPC begins on an earlier date and extends beyond midnight to a later date, the entire document is accorded the later date as single date of receipt. There is no legal basis for according the earlier date as date of receipt to the part of the document arriving at the EPO before midnight
(see in particular point 6 and for the term "document" point 4 and for the "date of receipt" point 5 of the reasons).
Deviating from decisions T 2061/12 and T 2317/13
(see points 7.3 and 7.4 of the reasons).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The opposition is rejected as inadmissible.