European Patent Office

T 0095/83 (Late submission of amendment) of 09.10.1984

European Case Law Identifier
ECLI:EP:BA:1984:T009583.19841009
Date of decision
9 October 1984
Case number
T 0095/83
Petition for review of
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Application number
78100391.8
IPC class
-
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
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Applicant name
AISIN
Opponent name
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Board
3.2.01
Headnote

If an applicant for a patent or a patentee desires to submit amendments to the description, claims or drawings of a European patent application or a European patent in the course of appeal proceedings, this should be done at the earliest possible moment (OJ EPO 6/1981, 176; 8/1984, 376). It is only in the most exceptional circumstances, where there is some clear justification both for the amendment and for its late submission, that it is likely that an amendment not submitted in good time before oral proceedings will be considered on its merits in those proceedings by a Board of Appeal.

Keywords
Late submission of amendment
Amendments in opposition proceedings
Auxiliary request - time limit for filing
Alternative claim newly submitted at outset of oral proceedings
Guidance for appellants 1984, 376
Catchword
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Cited cases
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ORDER

For these reasons, it is decided that:

The decision under appeal of the Opposition Division dated 28 April 1983 is set aside and the European patent No. 0 000 516 is revoked.