T 0258/84 (Portable hyperbar box structure) of 18.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T025884.19860718
- Date of decision
- 18 July 1986
- Case number
- T 0258/84
- Petition for review of
- -
- Application number
- 80400930.6
- IPC class
- B63C 11/32
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Etat français
- Opponent name
- -
- Board
- 3.2.01
- Headnote
Documents cited for the first time by the opponent in his statement of grounds for appeal despite the fact that he ought to have known them to exist are documents submitted late which the Board is not bound to consider (Article 114(2) EPC), even though it is of the opinion that it should do so, pursuant to Article 114(1) EPC, where it reckons them to be particularly relevant. In this case the matter should,as a rule, be referred to the first instance so as not unfairly to deprive the patent proprietor (respondent) of a hearing before a judicial body unless, in the absence of any comment whatsoever by the respondent, such referral appears unjustified.
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 52 1973European Patent Convention Art 54 1973
- Keywords
- Novelty
Documents cited late
Non-referral to the first instance/absence of comments by respondent - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision of the Opposition Division of the European Patent Office dated 26 September 1984 is set aside.
2. European patent No. 0 022 012 is revoked.