T 0263/93 (Opportunity to present comments/AKZO) of 12.01.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T026393.19940112
- Date of decision
- 12 January 1994
- Case number
- T 0263/93
- Petition for review of
- -
- Application number
- 86103844.6
- IPC class
- C09D 3/48
- 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
- A liquid coating composition and a process for coating a substrate with such coating composition
- Applicant name
- Akzo N.V.
- Opponent name
- BASF Lacke + Farben Aktiengesellschaft, Münster
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 101(2) 1973European Patent Convention Art 113(1) 1973European Patent Convention R 67 1973
- Keywords
- Basis of decision - opportunity to comment (no)
Fair procedure (no)
Reimbursement of the appeal fee (yes) - Substantial procedural violation - Catchword
- The right to be heard laid down in Article 113(1) EPC requires that the party concerned be given sufficient time to submit an adequate response, if the EPO decides to communicate to a party to proceedings before it an objection raised by another party without an express invitation to reply within a specified time limit. Although the length of the period of time necessary to comply with that requirement depends on the particular circumstances of the case, a party to opposition proceedings before the EPO can fairly expect that it would normally have at least two months to present its comments to such objections, before a decision based on them is taken (point 2.2.2 of the reasons).
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.
3. The appeal fee is to be reimbursed.