T 0192/84 (Interruption in delivery of mail) of 09.11.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T019284.19841109
- Date of decision
- 9 November 1984
- Case number
- T 0192/84
- Petition for review of
- -
- Application number
- 80301002.4
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0192/84 1986-10-28
- Abstracts for this decision
- -
- Application title
- Process for removing water from surfaces of articles
- Applicant name
- Daikin Kogyo
- Opponent name
- -
- Board
- 3.4.01
- Headnote
If the President of the EPO extends time limits expiring during a period of general interruption in the delivery of mail in a Contracting State (Rule 85(2)EPC), a pending application for re-establishment of rights considered to have been lost during that period which has been made by a representative having his place of business within that State must be deemed to have been made without purpose ab initio even though the non-observance of the time limit was due to causes other than the interruption in the delivery of mail. Accordingly, it can be declared that no rights were lost and the fee for re-establishment of rights can be refunded.
- Relevant legal provisions
- European Patent Convention Art 122 1973European Patent Convention R 85(2) 1973
- Keywords
- Extension of time limits
Interruption in delivery of mail/restitutio in integrum
Restitutio in integrum/Interruption in delivery of mail - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1198/03
ORDER
For these reasons,
1. It is declared that the appellant corporation never lost the rights which it has sought to have restored and the notice of appeal and the appeal fee are to be treated as having been received in due time.
2. It is ordered that the fee for re-establishment of rights shall be refunded to the appellant corporation.