T 0484/90 (Cable car) of 21.10.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T048490.19911021
- Date of decision
- 21 October 1991
- Case number
- T 0484/90
- Petition for review of
- -
- Application number
- 84400036.4
- IPC class
- B61B 12/00B61B 7/00
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Pomagalski
- Opponent name
- Doppelmayr & Sohn
- Board
- 3.2.01
- Headnote
If a party duly summoned to oral proceedings does not appear as summoned, a decision against it which is based on new evidence (such as a document) on which it has not had an opportunity to present its comments may not be pronounced at those oral proceedings without infringing the absent party's right to be heard (Article 113(1)), unless it has indicated that it is forfeiting that right.
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention R 67 1973European Patent Convention R 68(1) 1973European Patent Convention R 71(2) 1973
- Keywords
- Decision issued during oral proceedings based on document not brought to attention of absent party
Decision taken an infringement of right to be heard (yes)
Non-appearance interpreted as forfeiting right to be heard (no)
Substantial procedural violation (yes)
Reimbursement of appeal fees although not requested (yes)
Obligation to examine an amended main claim taking up the content of an unproposed dependent claim (yes) - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The decision of the Opposition Division is set aside.
2. The matter is referred back to the department of first instance for maintenance of the European patent in amended form on the basis of the documents mentioned in point VI above.
3. Reimbursement of the appeal fee is ordered.