T 0387/89 (Cardioverter) of 18.02.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T038789.19910218
- Date of decision
- 18 February 1991
- Case number
- T 0387/89
- Petition for review of
- -
- Application number
- 82301160.6
- IPC class
- A61N 1/38
- 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
- Medtronic
- Opponent name
- Biotechnik
- Board
- 3.4.01
- Headnote
1. Neither an Opposition Division nor a Board of Appeal has any duty to reconsider the relevance of documents cited in the European search report, if such documents have not been relied upon by the opponent to support his grounds of opposition.
2. An Opposition Division or a Board of Appeal may introduce such documents into opposition proceedings even if not so relied upon by the opponent, if they have strong reasons to consider that such documents do in fact provide evidence in support of a ground of opposition that is of such relevance that it could affect the outcome of the opposition proceedings.
- Relevant legal provisions
- European Patent Convention Art 114 1973European Patent Convention Art 56 1973
- Keywords
- Introduction by the Board of documents cited in the European Search Report but not relied upon by the Examining Division or cited by the opponent
Strong reasons that they could affect the decision
Inventive step (no) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The appeal is dismissed.