T 0867/92 (Late citation, risk of costs) of 13.04.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T086792.19940413
- Date of decision
- 13 April 1994
- Case number
- T 0867/92
- Petition for review of
- -
- Application number
- 85304218.2
- IPC class
- G11B 5/72
- 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
- Magnetic recording medium
- Applicant name
- Konica Corporation
- Opponent name
- N.V. Philips
Agfa
Fuji - Board
- 3.5.02
- Headnote
The EPC does not impose a time limit for citing new prior art in response to an amendment of the claims. However, an opponent who cites new prior art with a considerable delay (in the present case some 18 months after the claims had been amended) with no special reason justifying the delay, runs the risk of having to bear some or all of the proprietor's costs incurred in attending oral proceedings which cannot bring the case to an end because of the new citation.
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973
- Keywords
- New prior art cited with considerable delay after claims had been amended - considered relevant
Oral proceedings could not bring case to an end because of late citation
Remittal of case to Opposition Division
Apportionment of costs - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1019/93
ORDER
For these reasons, it is decided that:
1. The decision of the Opposition Division is set aside.
2. The case is remitted to the Opposition Division for further prosecution.
3. The Appellant shall bear 50% of the costs of the Respondent's representative incurred in attending the oral proceedings held before the Board on 13 April 1994.