T 1097/92 of 27.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T109792.19930927
- Date of decision
- 27 September 1993
- Case number
- T 1097/92
- Petition for review of
- -
- Application number
- 87201440.2
- IPC class
- C08F 2/44
- 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
- Process of (co)polymerization of alpha-olefins in the presence of stabilizers
- Applicant name
- Enichem Synthesis S.p.A.
- Opponent name
- Interlocutory revision/ENICHEM
- Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 109(1) 1973European Patent Convention Art 109(2) 1973
- Keywords
- Binding character of one-month term and prohibition of comment by Art. 109(2), but not of exclusion of telephone contact with applicant stipulated by Guidelines
Interlocutory revision - remittal to the Board of Appeal
Interlocutory revision - circumstances giving rise to
Amendments - agreed by the Boards of Appeal
Decision re appeal - remittal (yes) - Catchword
- The one-month term stipulated by Article 109(2) has to be strictly adhered to. In certain situations, a telephone contact with the Appellant during the term available for any interlocutory revision may be appropriate and indeed helpful. If such a telephone contact is held, however it should not be recorded in writing in such a way as to constitute a comment on the merits of the appeal.
- Cited cases
- T 0139/87
- Citing cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution on the basis of the sets of claims submitted on 10 August 1993.