T 0930/92 (Ion beam processing) of 29.05.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T093092.19950529
- Date of decision
- 29 May 1995
- Case number
- T 0930/92
- Petition for review of
- -
- Application number
- 82109014.9
- IPC class
- H01J 37/30
- 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
- Ion beam processing apparatus and method of correcting mask defects
- Applicant name
- Hitachi
- Opponent name
- ICT
- Board
- 3.4.01
- Headnote
I. There is an equitable obligation upon every party who is summoned to oral proceedings to inform the EPO as soon as it knows that it will not attend as summoned. This is the case whether or not that party has itself requested oral proceedings, and whether or not a communication has accompanied the summons to oral proceedings.
II. If a party who has been summoned to oral proceedings fails to attend as summoned without notifying the EPO in advance that it will not attend, an apportionment of costs in favour of another party who has attended as summoned may be justified for reasons of equity in accordance with Article 104(1) EPC.
III. When fixing the amount of costs to be paid to a party, in addition to the remuneration of the professional representative of that party, the expenses incurred by an employee of that party in order to instruct the professional representative before and during oral proceedings may be taken into consideration under Rule 63(1) EPC, if such instruction was "necessary to assure proper protection of the rights involved."
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 133 1973European Patent Convention Art 56 1973European Patent Convention R 63 1973European Patent Convention R 71 1973
- Keywords
- Inventive step (yes)
Oral proceedings appointed following auxiliary requests by both parties
No communication under Article 11(2) RPBA
Appellant failed to appear at oral proceedings as summoned
Apportionment of costs in favour of Respondent
Fixed amount ordered
Reasonable level of costs - Catchword
- -
- Cited cases
- T 0003/90
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.
2. The Appellant shall pay the Respondent the sum of DM 20 750, by way of apportionment of costs.