T 0301/95 (Straw man) of 27.06.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T030195.19970627
- Date of decision
- 27 June 1997
- Case number
- T 0301/95
- Petition for review of
- -
- Application number
- 88112875.5
- IPC class
- B29C 47/10
- Language of proceedings
- German
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in German
- Other decisions for this case
- T 0301/95 2000-03-28
- Abstracts for this decision
- -
- Application title
- Vorrichtung zum Aufbereiten thermoplastischer Kunststoffgüter
- Applicant name
- INDUPACK AG
- Opponent name
- Emmerich Hartdegen
- Board
- 3.2.05
- Headnote
The following points of law of fundamental importance are referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
1. Is an opposition filed by an indirect representative ("straw man") admissible?II. If the answer to I is no, to what extent does the objection to a "straw man" have to be investigated if circumstances are cited raising reasonable suspicion that the opponents are not acting in their own interests?
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 99 1973European Patent Convention R 55(c) 1973
- Keywords
- Referral to the Enlarged Board of Appeal
Admissibility of opposition filed by a straw man
Evidence of acting as a straw man - Catchword
- -
ORDER
For these reasons it is decided that:
The following points of law of fundamental importance are referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
1. Is an opposition filed by an indirect representative ("straw man") admissible?
2. If the answer to 1 is no, to what extent does the objection to a "straw man" have to be investigated if circumstances are cited raising reasonable doubt that the opponents are not acting in their own interests?