T 0198/88 (Concrete restoration) of 03.08.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T019888.19890803
- Date of decision
- 3 August 1989
- Case number
- T 0198/88
- Petition for review of
- -
- Application number
- 82110545.9
- IPC class
- C04B 41/50
- Language of proceedings
- German
- 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
- -
- Applicant name
- Schwiete
- Opponent name
- Verband der Lackindustrie; Hakem Patentverwertun
- Board
- 3.3.01
- Headnote
1. Opposition is an independent procedure which takes place after the grant procedure. A document considered in the examination procedure, therefore, is not automatically scrutinised in opposition or opposition appeal proceedings, even if quoted and acknowledged in the contested European patent.
2. If the document is not introduced into the opposition proceedings in due time, its relevance is examined by the Office in the course of the enquiries it conducts of its own motion (Article 114(1) EPC).
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention R 55(c) 1973
- Keywords
- Document mentioned in the European patent specification not automatically to be taken into account in opposition proceedings
Referral to the Enlarged Board of Appeal (refused) - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that: The appeal is dismissed.