T 0828/94 (Re-establishment/Philips) of 18.10.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:T082894.19961018
- Date of decision
- 18 October 1996
- Case number
- T 0828/94
- Petition for review of
- -
- Application number
- 87201558.1
- IPC class
- H04N 9/31
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Display system
- Applicant name
- NORTH AMERICAN PHILIPS CORPORATION, ET AL
- Opponent name
- -
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122 1973
- Keywords
- Restitutio - all due care - no
Restitutio - satisfactory monitoring system - no - no independent cross-check
Restitutio - technical assistant not properly instructed and supervised - Catchword
- A monitoring system for EPO time limits should contain an independent cross-check to prevent the misunderstanding between a representative and a technical assistant from assuring that a notice of appeal will be prepared and filed on time by the other person. Where a misunderstanding is likely to arise as a result of the two being responsible for the same file, the assistant must have clear instructions on how to proceed.
ORDER
For these reasons it is decided that:
1. The request for re-establishment is refused.
2. The appeal is rejected as being inadmissible.
3. The appeal fee is reimbursed.