T 0811/90 (Exclusion of documents from file inspection) of 02.04.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T081190.19920402
- Date of decision
- 2 April 1992
- Case number
- T 0811/90
- Petition for review of
- -
- Application number
- 85302903.1
- IPC class
- F02F 3/00
- 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
- AE PLC
- Opponent name
- -
- Board
- 3.2.04
- Headnote
1. It is the duty of the Opposition Division, having communicated its intention to organise oral proceedings, to inform the parties as soon as possible of a withdrawal of the request for oral proceedings by one of the parties and the subsequent change of attitude of the Opposition Division towards holding oral proceedings.
2. Filed documents, which, as a consequence of a substantial procedural violation, are to be withdrawn from the part of the file available for public inspection and which furthermore do not fall under one of the alternatives (a) to (d) of Rule 93 EPC have to be returned to the filing party on its request.
- Relevant legal provisions
- EPC1973_Art_107_Sent_2European Patent Convention Art 116 1973European Patent Convention Art 128(4) 1973European Patent Convention R 67 1973European Patent Convention R 93 1973
- Keywords
- Opponent did not appeal against the decision rejecting the opposition and is not a party in the present appeal (section 2)
A modified request of a party and the change of a previously communicated intention of the Opposition Division should be communicated to the parties before a decision is taken
Substantial procedural violation
Letter and its enclosures filed by the Appellant to be withdrawn from the file and to be returned to him
Reimbursement of the appeal fee - yes - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The letter dated 25 January 1990 filed by the Patentee and its accompanying submissions, amended Claim 1 and amended part of the description are to be removed from the opposition file, and have to be returned to the Patentee.
3. The appeal fee is to be reimbursed.