T 0726/93 (Textile machines) of 01.07.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T072693.19940701
- Date of decision
- 1 July 1994
- Case number
- T 0726/93
- Petition for review of
- -
- Application number
- 89115305.8
- IPC class
- D02G 1/12
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Verfahren zur Beheizung in Textilmaschinen
- Applicant name
- Rieter
- Opponent name
- -
- Board
- 3.2.05
- Headnote
The EPO may as a matter of discretion pursuant to Rule 88 EPC allow a correction whereby erroneously filed wrong elements of the patent application relating to the disclosure (ie the set of claims, the description and the set of drawings) are replaced with the correct elements if, on the date of filing, it is immediately evident that incorrect elements were filed which are obviously not in keeping with the request for the grant of a patent, if the nature of the mistake is immediately obvious and if the applicant can prove conclusively which elements he actually intended to file. The applicant may use, as evidence of what he actually intended to file, all the documents filed on the filing date (where appropriate, also the priority documents and the designation of the inventor).
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention R 88 1973
- Keywords
- Erroneous filing of parts of application documents
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The case is remitted to the examining division for further prosecution of the patent application on the basis of the description and claims filed on 18 December 1989 which are in keeping with the description and claims in the priority document.