T 0788/90 (Opposition by patent proprietor) of 28.10.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T078890.19931028
- Date of decision
- 28 October 1993
- Case number
- T 0788/90
- Petition for review of
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- Application number
- 86402288.4
- IPC class
- B60R 5/04
- Language of proceedings
- French
- Distribution
- Distributed to board chairmen and members (B)
- Download
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- Other decisions for this case
- T 0788/90 Opposition par les titulaires du brevet 1994-10-28
- Abstracts for this decision
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- Application title
- Tablette arrière pour véhicule automobile et véhicule équipé de cette tablette
- Applicant name
- Peugeot et Citroen
- Opponent name
- Peugeot
Citroen - Board
- 3.2.01
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
1. Given the Enlarged Board of Appeal's new interpretation in decision G 9/91 and opinion G 10/91 of the basis for the opposition procedure, can a European patent be opposed by its own proprietor? 2. If so, do the Board of Appeal's powers of review in such a case depend on the extent to which the patent was opposed in the notice of opposition?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 99 1973European Patent Convention R 55(c) 1973
- Keywords
- Opposition filed by proprietor against own patent - admissibility
Referral to Enlarged Board of Appeal - Catchword
- -
- Cited cases
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- Citing cases
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ORDER
The following questions are referred to the Enlarged Board of Appeal:
1. Given the Enlarged Board of Appeal's new interpretation in decision G 9/91 and opinion G 10/91 of the basis for the opposition procedure, can a European patent be opposed by its own proprietor?
2. If so, do the Board of Appeal's powers of review in such a case depend on the extent to which the patent was opposed in the notice of opposition?