T 0161/82 (Electrical contact) of 26.06.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T016182.19840626
- Date of decision
- 26 June 1984
- Case number
- T 0161/82
- Petition for review of
- -
- Application number
- 80301975.1
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- AMP
- Opponent name
- -
- Board
- 3.5.01
- Headnote
I. Article 113(1) EPC does not require that the applicant be given a repeated opportunity to comment on the argumentation of the Examining Division so long as the decisive objections against the grant of the European patent remain the same.
II. In cases where an anticipation is of a chance nature, in that what is disclosed in a prior document could accidentally fall within the wording of a claim to be examined for novelty without there being a common technical problem, a particularly careful comparison has to be made between what can fairly be considered to fall within the wording of the claim and what is effectively shown in the document.
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Novelty - chance anticipation
Reasons for the decision
Right to be heard
Opportunity to present comments - Catchword
- -
- Cited cases
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ORDER
For these reasons, It is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution on the basis of the description and claim as amended in accordance with the applicants' Notice and Grounds of the Appeal filed on 21 September 1982.
3. The applicants' request for refund of the appeal fee is dismissed.