T 0804/92 (Refrigeration apparatus) of 08.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T080492.19930908
- Date of decision
- 8 September 1993
- Case number
- T 0804/92
- Petition for review of
- -
- Application number
- 85900817.9
- IPC class
- H02J 7/00
- 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
- Energy saving refigeration apparatus having a control
- Applicant name
- Thermo Produkter
- Opponent name
- WAECO
- Board
- 3.5.02
- Headnote
While it is permissible, and even desirable, in proceedings before the EPO for the EPO to draw attention to any discrepancies between the arguments presented and the documents which are supposed to support those arguments, this should always be done in an as neutral and objective way as possible. It is definitely not proper to request the filing of statements under oath having a content suggested by the Opposition Division or any other instance. This involves the risk of leading witnesses and could seriously undermine the probative value of such statements. Such practice should therefore be avoided (point 5 of the reasons for the decision).
- Relevant legal provisions
- European Patent Convention Art 117(1)(g) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes), after amendment
Sworn statements in writing, contents should not be suggested by EPO
Added subject-matter (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0721/95
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in amended form as requested by the Appellant (see paragraph VIII above).