T 1019/92 of 09.06.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T101992.19940609
- Date of decision
- 9 June 1994
- Case number
- T 1019/92
- Petition for review of
- -
- Application number
- 86308866.2
- IPC class
- B60K 28/10B60K 26/02
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Failsafe engine controller
- Applicant name
- General Motors Corporation
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973European Patent Convention R 55(c) 1973
- Keywords
- Late submitted material - late filed facts - late submission of public prior use (admitted) - no abuse of procedure - absence of evidence
Notice of opposition - admissibility - objective basis - requirements - relevant date - substantiation of the grounds of opposition - sufficiency (yes)
Enlarged Board - referral (no)
Inventive step (no)
Extent to which a patent is opposed
No prior art material cited - dependent claims - Catchword
- I. If an opponent requests revocation of the patent in its entirety then the fact that no specific prior art material is cited against a dependent claim does not exclude that claim from the opposition (point 2.1 of the Reasons, paragraphs 3 and 4).
II. The fact that an opponent after the end of the opposition period subsequently submits prior art material originating from himself does not constitute an abuse of the proceedings in the absence of evidence that this was done deliberately for tactical reasons (see point 2.2 of the Reasons).
ORDER
For these reasons, it is decided that:
1. The appeal is dismissed.
2. The requests for refund of the appeal fee and for referral of a question to the Enlarged Board of Appeal are rejected.