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
- -
- Application number
- 81304745.3
- IPC class
- -
- 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
- 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).
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 56 1973
- 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.