T 0250/89 (Due care) of 06.11.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T025089.19901106
- Date of decision
- 6 November 1990
- Case number
- T 0250/89
- Petition for review of
- -
- Application number
- 83400831.0
- IPC class
- B64D 47/00B60Q 1/00
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- SNIA
- Opponent name
- AEG
- Board
- 3.2.01
- Headnote
1. Whilst Board of Appeal practice allows the grounds for appeal to be presented in a notice of appeal which has been produced in due time, the grounds presented must still include the legal or factual reasons why the appeal should be allowed and the decision under appeal set aside (T 220/83, OJ EPO 1986, 249 and J 22/86 OJ EPO 1987, 280).
2. When trying to establish that he was not in a position to observe the time limit laid down in Article 108, third sentence, EPC, an appellant may not invoke the late production of a document necessary to enable him to develop his case but held by a third party, where it emerges from his correspondence that despite not having said document in his possession he had sufficient information available within the time limit to file a statement setting out the grounds of appeal in accordance with the requirements of the EPC.
- Relevant legal provisions
- European Patent Convention Art 102 1973European Patent Convention Art 122(1) 1973
- Keywords
- Admissibility of appeal (rejected)
Re-establishment of rights (refused)
Due care required by the circumstances (lacking) - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The request for re-establishment of rights for the purpose of enabling the statement of the grounds of appeal to be deemed to have been lodged within the relevant time limit is refused as unfounded.
2. The appeal is rejected as inadmissible.