European Patent Office

T 0222/85 (Inadmissibility) of 21.01.1987

European Case Law Identifier
ECLI:EP:BA:1987:T022285.19870121
Date of decision
21 January 1987
Case number
T 0222/85
Petition for review of
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Application number
79300610.7
IPC class
C09D 3/82
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
Ungelled polyesters and their use in coating compositions
Applicant name
PPG
Opponent name
N.V. DSM
Board
3.3.02
Headnote

1. A communication under Rule 57(1) EPC indicating the admissibility of an opposition is not a decision of the Opposition Division, and the sending of such a communication does not prevent the subsequent rejection of the notice of opposition as inadmissible under Rule 56(1) EPC, for example if the admissibility is challenged by the proprietor of the patent in such proceedings.

2. The requirement under Rule 55(c) EPC, that the notice of opposition shall, inter alia, contain "an indication of facts, evidence and arguments presented in support of the ground" is only satisfied if the contents of such notice are sufficient for the opponent's case to be properly understood on an objective basis.

Keywords
Notice of opposition - Admissibility
Communication under Rule 57(1) EPC
Sufficiency of notice of opposition
Catchword
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Cited cases
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ORDER

For these reasons, it is decided that:

the appeal is rejected.