T 0534/89 (Inadmissible late filing) of 02.02.1993

1. Whereas the apportioning of costs between parties may be appropriate in cases of neglect or ignorance, when a late submission is caused by deliberate manipulation the justification for exercising the discretion under Article 114(2) EPC against a party who willfully acted contrary to good faith should be considered (point 2.3 of the Reasons).

2. When abuse of procedure is manifest in view of the fact that a party deliberately abstained from raising an issue even when the evidence in its support was available, it would be contrary to the principle of good faith to admit such evidence by applying Article 114(2) EPC in favour of that party. Consequently, in exercising its discretion under Article 114 EPC, the Board finds it justified to dismiss the objection of prior use irrespective of its potential relevance (point 2.7 of the Reasons).