T 0185/82 (Minicassette box) of 26.10.1983

European Case Law Identifier

ECLI:EP:BA:1983:T018582.19831026

Date of decision

26 October 1983

Case number

T 0185/82

Petition for review of

Application number

80400593.2

IPC class

Language of proceedings

French

Distribution

Published in the EPO's Official Journal (A)

Download

OJ versions

Other decisions for this case

Abstracts for this decision

Application title

Applicant name

Posso

Opponent name

Board

3.5.01

Headnote

I.An error on the part of an applicant in inverting the dates of two documents published prior to his application and falsely concluding that the supposedly older of the two could not lead a person skilled in the art to simplify a device thought to be more recent and arrive at the subject-matter of his application cannot justify a decision by the Office to refuse the application on the grounds of lack of inventive step.

II. Article 114(1) EPC states that the EPO in examining the facts shall not be restricted to the facts, evidence and arguments provided by the parties. If certain facts prove to be inaccurate it must invite the parties to present their comments (Article 113(1)). Failure to do so is a procedural violation justifying reimbursement of the appeal fee - Rule 67 of the Implementing Regulations.

Relevant legal provisions

European Patent Convention Art 113(1) 1973 European Patent Convention Art 114(1) 1973 European Patent Convention Art 52(1) 1973 European Patent Convention Art 56 1973 European Patent Convention R 67 1973

Keywords

Reimbursement of appeal fee
Incorrect interpretation of facts by the examining instance
Inventive step - error

Catchword

Cited cases

Citing cases

T 1183/02

ORDER

For these reasons, it is decided that:

1. The matter is referred back to the first instance for the granting of a European patent on the basis of claims 1 and 2 and pages 1 to 7 of the description as received on 27 April 1983 and the original drawings.

2. The appeal fee is to be reimbursed