T 0009/87 (Zeolites) of 18.08.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T000987.19880818
- Date of decision
- 18 August 1988
- Case number
- T 0009/87
- Petition for review of
- -
- Application number
- 82300770.3
- IPC class
- C01B 33/28
- 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
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- Application title
- -
- Applicant name
- ICI
- Opponent name
- Mobil Oil
- Board
- 3.3.01
- Headnote
The examination of an opposition under Article 101 EPC is limited by the statement in the Notice of Opposition of the extent to which the patent is opposed. Article 114(1) EPC should be interpreted as subject to Article 101 EPC in this respect. Neither the Opposition Division nor a Board of Appeal has the obligation or the power to examine and decide on the maintenance of the European patent except to the extent to which it is opposed (cf. point 3 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 101 1973European Patent Convention Art 114 1973European Patent Convention Art 99(1) 1973European Patent Convention R 55(c) 1973
- Keywords
- Extent of opposition limited to specific claims
Deletion of the opposed claims
Limited examination power of Opposition Division and Board of Appeal - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in amended form on the basis of Claims 1 to 8 as filed on 8 July 1988 and a description in a form to be decided by the first instance.