T 0017/91 of 26.08.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T001791.19920826
- Date of decision
- 26 August 1992
- Case number
- T 0017/91
- Petition for review of
- -
- Application number
- 83903805.6
- IPC class
- B26B 21/56
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Razor blades
- Applicant name
- The Gillette Company
- Opponent name
- Wilkinson Sword GmbH
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973
- Keywords
- Late submission of public prior use
Inventive step - yes - Catchword
- An assertion of public prior use, based on the opponent's own activities and submitted after the expiry of the opposition period and in the absence of good reasons for the delay, represents an abuse of the proceedings and a breach of the principle of "good faith" which all parties are expected to observe. Therefore, this kind of assertion cannot be deemed to have been submitted in due time, and it is to be disregarded under Article 114(2) EPC irrespective of its potential relevance. As soon as evidence is in the possession of the opponent and it is recognisable that it could be highly relevant to the validity of the patent it should be submitted in the proceedings (cf. point 5 of the Reasons).
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the first instance is set aside.
2. The case is remitted to the first instance with the order to maintain the patent with the claims as granted.