T 0367/91 of 14.12.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T036791.19921214
- Date of decision
- 14 December 1992
- Case number
- T 0367/91
- Petition for review of
- -
- Application number
- 81109039.8
- IPC class
- G06F 15/40
- 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
- Electronic document information filing system
- Applicant name
- Kabushiki Kaisha Toshiba
- Opponent name
- Grundig E.M.V. Elektro-Mechanische Versuchsanstalt &
Co. KG - Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1) 1973European Patent Convention Art 52(2) 1973European Patent Convention Art 52(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Inventive step - known element
Patentable inventions - extent of exclusion
Form of appeal - fee-refund (no) - Catchword
- A decision based only on a wrong assessment of the prior art and/or of the claimed invention must be regarded as a substantive, but not as a procedural "violation". Moreover, in the present case the Board is not convinced that the decision under appeal was manifestly wrong, the "missing link" to a valid obviousness objection not having been submitted to the Opposition Division.
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.