T 0493/88 (Spacer grid) of 13.12.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T049388.19891213
- Date of decision
- 13 December 1989
- Case number
- T 0493/88
- Petition for review of
- -
- Application number
- 81400060.0
- IPC class
- G21C 3/34
- Language of proceedings
- French
- Distribution
- No distribution (D)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- CEA-FRAMATOME
- Opponent name
- Siemens
- Board
- 3.4.01
- Headnote
1. Under the provisions of Articles 101(1) and 102(2) EPC, an Opposition Division cannot validly hold that an opposition must be rejected until it has assured itself that none of the grounds for opposition listed in Article 100 EPC preclude the maintenance of the European patent at issue. It may not confine its examination merely to the grounds expressly mentioned in the notice of opposition but must examine the facts of its own motion in accordance with Article 114(1) EPC.
2. A decision of an Opposition Division rejecting the opposition is not correctly reasoned within the meaning of the first sentence of Rule 68(2) EPC if, after giving the reasons why the Opposition Division, unlike the opponent, considers the subject- matter of the patent to be new, it fails to state the reasons why it considers that the subject-matter also involves an inventive step.
- Relevant legal provisions
- EPC1973_R_068(2)_Sent_1European Patent Convention Art 100 1973European Patent Convention Art 101(1) 1973European Patent Convention Art 102(2) 1973European Patent Convention Art 114(1) 1973European Patent Convention R 55(c) 1973
- Keywords
- Insufficiently reasoned decision
Examination of the opposition
Scope of the powers of Opposition Division and the Board of Appeal
Examination by the EPO of its own motion - 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 Opposition Division for further prosecution.
3. The fee for appeal shall be reimbursed.