T 0635/88 (Opponent-Identifiability) of 28.02.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T063588.19920228
- Date of decision
- 28 February 1992
- Case number
- T 0635/88
- Petition for review of
- -
- Application number
- 81200587.4
- IPC class
- A01K 1/08A01K 1/062
- 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
- De Erven
- Opponent name
- Müller & Eilbracht
- Board
- 3.2.03
- Headnote
1. If the Board of Appeal or the Opposition Division has a legitimate doubt as to the identity of the real opponent, it has the power to request the alleged opponent at any time to assist in removing this doubt, e.g. by means of a written sworn statement in accordance with Article 117(1)(g) EPC.
2. The failure of the alleged opponent to comply with such a request, so that the doubt remains, has the effect that the opposition must be rejected as inadmissible, (c.f. T 25/85, OJ EPO 1986, 81).
- Relevant legal provisions
- European Patent Convention Art 99(1) 1973European Patent Convention R 55(a) 1973European Patent Convention R 56(1) 1973European Patent Convention R 56(2) 1973
- Keywords
- Inadmissibility of opposition
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The appeal is dismissed.