European Patent Office

T 0293/88 (Light transmitting wall panels) of 23.03.1990

European Case Law Identifier
ECLI:EP:BA:1990:T029388.19900323
Date of decision
23 March 1990
Case number
T 0293/88
Petition for review of
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Application number
81304745.3
IPC class
-
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
-
Applicant name
DAN-PAL
Opponent name
Röhm GmbH
Board
3.2.02
Headnote

The Opposition Division should assume the prima facie validity of dependent claims which have not been objected to by the Opponent at any stage. The Opposition Division has no reason to doubt the validity of the examination of undisputed claims before grant unless specific circumstances have emerged in consequence of evident technical facts not to be neglected or submissions in the proceedings (following T 182/89, OJ EPO 1991, 391).

Keywords
Inventive step (yes)
Argumentation ex post
Opposition procedure
Examination of claims not objected to by the Opponent
Power and obligation of the Opposition Division
Reimbursement of Appeal fees (yes)
Catchword
-
Cited cases
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ORDER

For these reasons, it is decided that:

1.The contested division of the Opposition Division is set aside.

2.The case is remitted to the Opposition Division with the order to maintain the patent on the basis of the published patent with amendments according to the documents mentioned under VI. above.

3.Reimbursement of the appeal fee is ordered.