T 0219/86 (Naming of opponent) of 03.07.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:T021986.19870703
- Date of decision
- 3 July 1987
- Case number
- T 0219/86
- Petition for review of
- -
- Application number
- 79103162.8
- IPC class
- E21D 9/10
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Articulated boom-dipper-bucket assembly for a tunnel boring machine
- Applicant name
- Zokor
- Opponent name
- Davy Thornaby
- Board
- 3.2.02
- Headnote
1. Deliberate concealment of an opponent's identity must be regarded as intentional non-compliance with Rule 55(a) EPC and cannot be corrected as a "mistake" under Rule 88 EPC at any time (Case T 25/85, OJ 1986, 81 explained).
2. However, if an opponent is not correctly identified in the notice of opposition, owing to a genuine mistake, in principle the mistake can be corrected even after expiry of the opposition period, under Rule 88 EPC.
- Relevant legal provisions
- European Patent Convention Art 99(1) 1973European Patent Convention R 55 1973European Patent Convention R 56(1) 1973European Patent Convention R 56(2) 1973European Patent Convention R 88 1973
- Keywords
- Notice of opposition -failure to name the opponent by his correct official designation
Naming of opponent
Unintentional mistake - deliberate concealment of opponent's identity - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The Decision of the Formalities Officer acting for Directorate General 2 dated 11 March 1986 is set aside.
2. The Notice of Opposition filed in these proceedings is to be corrected under Rule 88 EPC so that the name of the opponent is "Davy Thornaby Limited" and the correct full postal address of the registered office of that company is given as the address of the opponent.
3. The case is remitted to the Opposition Division for further prosecution.