T 0939/95 (Time limit for rectification) of 23.01.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T093995.19980123
- Date of decision
- 23 January 1998
- Case number
- T 0939/95
- Petition for review of
- -
- Application number
- 90310596.3
- IPC class
- G06K 7/10
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Terminal de donnée d'un point de vente
- Applicant name
- NCR International
- Opponent name
- -
- Board
- 3.5.01
- Headnote
Under Article 109(2) EPC a file must be remitted to the boards of appeal without delay and without comments as to its merits, if the decision under appeal is not rectified within one month after receipt of the statement of grounds for the appeal. Therefore, if further separate issues - such as reimbursement of the appeal fee - arise out of the appeal, the instance in charge of the case is obliged under Article 109(2) EPC to take a separate decision on rectification before the end of the one month time period, as soon as it realises that a decision on any further issue cannot be taken within that period.
- Relevant legal provisions
- European Patent Convention Art 109 1973European Patent Convention R 67 1973
- Keywords
- Late rectification - exceptional circumstances
Reimbursement of first appeal fee - no - no substantial procedural violation
Reimbursement of second appeal fee - no - appeal not allowed - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.