T 0892/92 (Remittal) of 24.06.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T089292.19930624
- Date of decision
- 24 June 1993
- Case number
- T 0892/92
- Petition for review of
- -
- Application number
- 85302769.6
- IPC class
- G03C 7/26
- 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
- -
- Applicant name
- Konica
- Opponent name
- Agfa-Gevaert
- Board
- 3.3.01
- Headnote
Art. 113(1) EPC requires that an express opportunity to present observations be given to the parties by the Opposition Division after remittal to it of a case by a Board of Appeal for further prosecution on the basis of new evidence, even if submissions with respect to this new evidence have already been made during the preceding appeal proceedings (point 2.1 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 101(2) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 116(1) 1973European Patent Convention R 67 1973
- Keywords
- Termination of opposition proceedings after remittal without previous notification; procedural violation
- Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division for further prosecution on the basis of the claims submitted on 19 November 1992.
3. The appeal fee is to be refunded.