T 0212/88 (Theta-1) of 08.05.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T021288.19900508
- Date of decision
- 8 May 1990
- Case number
- T 0212/88
- Petition for review of
- -
- Application number
- 82300043.5
- 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
- -
- Application title
- -
- Applicant name
- British Petroleum
- Opponent name
- ICI PLC
- Board
- 3.3.01
- Headnote
1. A decision cannot be cancelled by the instance which issued it, but can only be corrected under Rule 89 EPC.
2. The correction of a mistake in a decision under Rule 89 EPC has a retrospective effect. 3.. All requests by parties, including any request for apportionment of costs, should be made before announcement of the decision at the conclusion of oral proceedings.
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 69 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention Art 87(1) 1973European Patent Convention R 29(1) 1973European Patent Convention R 76(3) 1973European Patent Convention R 89 1973
- Keywords
- Sufficiency (yes)
Commercially available starting materials
Supplementation of specific disclosure by general knowledge
Priority (allowed) - no creation of another invention by addition of error margins to measured parameters
Apportionment of costs (no)
Minutes of the oral proceedings
Correction of error - Catchword
- -
- Cited cases
- -
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 an order to maintain the patent in accordance with the main request.
3. The request for apportionment of costs by the Appellant is refused.