European Patent Office

T 0178/23 (Re-establishment of rights/Light-Med) of 11.10.2024

European Case Law Identifier
ECLI:EP:BA:2024:T017823.20241011
Date of decision
11 October 2024
Case number
T 0178/23
Petition for review of
-
Application number
19768992.0
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
Abstract on Article 122 EPC
Application title
SILVER-INDIUM TRANSIENT LIQUID PHASE METHOD OF BONDING SEMICONDUCTOR DEVICE AND HEAT-SPREADING MOUNT AND SEMICONDUCTOR STRUCTURE HAVING SILVER-INDIUM TRANSIENT LIQUID PHASE BONDING JOINT
Applicant name
Light-Med (USA), Inc.
Opponent name
-
Board
3.4.03
Headnote
-
Keywords
Re-establishment of rights - missed time limit for filing notice of appeal and for paying appeal fee
Re-establishment of rights - missed time limit for filing statement of grounds of appeal
Re-establishment of rights - one or two re-establishment fees due (left undecided)
Re-establishment of rights - request duly substantiated (no)
Re-establishment of rights - inability to observe a time limit (no)
Re-establishment of rights - request admissible (no)
Admissibility of appeal - appeal deemed not to have been filed
Catchword
A party is not unable to observe a time limit vis- -vis the EPO within the meaning of Article 122(1) EPC if the obstacle relied on by the party does not relate to an error in the carrying out of the party's actual intention to meet a specific time limit, but only to a previous error as to motive in relation to the intention to use a legal remedy entailing a time limit (see section 5.3.5).
Citing cases
T 1874/23

Order

For these reasons it is decided that:

1. The request for re-establishment of rights is refused as inadmissible.

2. The appeal is deemed not to have been filed.