T 0937/91 (Numbered documents) of 10.11.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T093791.19941110
- Date of decision
- 10 November 1994
- Case number
- T 0937/91
- Petition for review of
- -
- Application number
- 85302866.0
- IPC class
- B42D 15/00
- 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
- Numbered documents and methods of and means for production thereof
- Applicant name
- THOMAS DE LA RU
- Opponent name
- GAO mbH
- Board
- 3.2.05
- Headnote
The following question is referred to the Enlarged Board of Apeal:
In a case where a patent has been opposed on the basis of Article 100(a) EPC, but the opposition has only been substantiated on the grounds of lack of novelty and inventive step pursuant to Articles 54 and 56 EPC, can a Board of Appeal introduce the ground that the subject-matter of the claims does not meet the conditions of Article 52(2) EPC of its own motion into the proceedings?
- Relevant legal provisions
- European Patent Convention Art 100 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 52(2) 1973
- Keywords
- Extent of obligation and power to examine grounds for opposition
Referral to the Enlarged Board of Appeal - Catchword
- -
ORDER
For these reasons it is decided that:
Under Article 112(1)(a) EPC, the following question is referred to the Enlarged Board of Appeal:
"In a case where a patent has been opposed on the basis of Article 100(a) EPC, but the opposition has only been substantiated on the grounds of lack of novelty and inventive step pursuant to Articles 54 and 56 EPC, can a Board of Appeal introduce the ground that the subject-matter of the claims does not meet the conditions of Article 52(2) EPC of its own motion into the proceedings?"