T 0122/84 (Metallic paint coating) of 29.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T012284.19860729
- Date of decision
- 29 July 1986
- Case number
- T 0122/84
- Petition for review of
- -
- Application number
- 80103580.9
- IPC class
- C09D 5/38
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Hoechst
- Opponent name
- -
- Board
- 3.3.01
- Headnote
If an opponent only claims that an invention cannot be carried out as required by Articles 83 and 100(b) EPC after the opposition period has expired, the submission may, applying the principle of examination by the European Patent Office of its own motion as set out in Article 114(1) EPC, be disregarded under Article 114(2) EPC. The decision of whether or not to take account of the submission is a matter for the discretion of the department concerned and requires no reasoned justification (Reasons for the Decision 9 - 14).
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 114 1973European Patent Convention Art 56 1973
- Keywords
- Non-reproducibility as ground for opposition
Late submission
Examination by the European Patent Office of its own motion
Inventive step (accepted)
Stroke of luck - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal is dismissed.