T 0556/96 of 24.03.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T055696.20000324
- Date of decision
- 24 March 2000
- Case number
- T 0556/96
- Petition for review of
- -
- Application number
- 87307359.7
- IPC class
- A61F 13/00
- 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
- Wound dressing, its preparation and use
- Applicant name
- Smith & Nephew plc
- Opponent name
- Johnson & Johnson
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 116 1973European Patent Convention Art 52 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Clarity (yes)
Inventive step (no)
Apportionment of costs (yes) - Catchword
- 1. The equitable obligation of a party summoned to oral proceedings to inform the EPO that it will not attend (T 930/92) implies that the party reaches a decision and notifies it in good time, i.e. sufficiently in advance of the date of the oral proceedings to allow the Board to reconsider the need for oral proceedings, if necessary after having contacted the other parties summoned, and to give notice to them that the oral proceedings have been cancelled as a consequence.
2. Where a party informs the EPO and/or the other parties of its intention not to attend the oral proceedings so late that cancellation of the oral proceedings is no longer a feasible option, then, for the purposes of apportionment of costs, the party responsible is to be treated as if it had been absent without prior notice. - Cited cases
- T 0930/92
- Citing cases
- T 0258/13
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.
2. The costs in the appeal procedure shall be apportioned so that the appellant shall pay the respondent the full costs which he incurred as a result of his representative's preparations for and attendance at the oral proceedings.