T 1016/93 of 23.03.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T101693.19950323
- Date of decision
- 23 March 1995
- Case number
- T 1016/93
- Petition for review of
- -
- Application number
- 85304985.6
- IPC class
- B60K 31/02
- 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
- Automatic speed control systems
- Applicant name
- ECONOCRUISE LIMITED
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 54 1973
- Keywords
- Late submitted material - evidence admitted (yes)
Apportionment of costs (no)
Novelty (no) - Catchword
- 1. If it is apparent that a newly cited document is relevant to the decision to be taken it has to be admitted into the proceedings (point 3.4, see also T 0164/89). 2. If the Appellant's reasons for the late citing of a document do not point towards negligence or other circumstances that would amount to an abuse of procedure there is no reason of equity which would justify an apportionment of costs in the Respondent's favour (point 3.6).
ORDER
For these reasons it is decided that:
1. The decision of the Opposition Division is set aside.
2. The European patent No. 0 169 693 is revoked.