T 0117/86 (Costs) of 01.08.1988

European Case Law Identifier

ECLI:EP:BA:1988:T011786.19880801

Date of decision

1 August 1988

Case number

T 0117/86

Petition for review of

Application number

80300502.4

IPC class

B01D 13/04

Language of proceedings

English

Distribution

Published in the EPO's Official Journal (A)

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Decision in English

OJ versions

Other decisions for this case

Abstracts for this decision

Application title

Applicant name

Filmtec

Opponent name

Board

3.3.01

Headnote

1. The phrase "taking of evidence" in Article 104(1) EPC refers generally to the receiving of evidence during opposition proceedings by an Opposition Division or a Board of Appeal, whatever the form of such evidence (see Reasons, paragraph 3).

2. Facts and evidence in support of an opposition which are presented after the nine-month period for filing an opposition and which cause the incurring of additional costs by another party may for reasons of equity justify an order for apportionment of costs (see Reasons, paragraphs 4 to 7).

Relevant legal provisions

European Patent Convention Art 104 1973 European Patent Convention Art 114 1973 European Patent Convention Art 117(1) 1973 European Patent Convention Art 99(1) 1973 European Patent Convention R 63 1973

Keywords

Late filed documents
Costs incurred during taking of evidence
Different apportionment of costs in the appeal

Catchword

Cited cases

Citing cases

T 0215/88 T 0173/89 T 0430/89 T 0491/89 T 0496/89 T 0596/89 T 0695/89 T 0137/90 T 0188/90 T 0314/90 T 0503/90 T 0776/90 T 0832/90 T 0876/90 T 0875/91 T 0951/91 T 0273/92 T 0083/93 T 0719/93 T 0158/94 T 0486/94 T 0007/95 T 0045/98 T 1063/98 T 0955/99 T 0208/01 T 1182/01 T 0179/02 T 0371/02 T 0927/04 T 0148/05 T 1029/05 T 1402/13 T 1781/13 T 2758/17 T 1484/19 T 0856/22

ORDER

For these reasons, it is decided that:

The costs in the appeal procedure shall be apportioned so that the Appellant shall pay to the Respondent fifty per cent of the costs which were incurred by the Respondent's representative and charged to the Respondent in preparing and filing the Respondent's reply to the appeal dated 22 December 1986.