T 0742/96 (Textile) of 09.06.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:T074296.19970609
- Date of decision
- 9 June 1997
- Case number
- T 0742/96
- Petition for review of
- -
- Application number
- 89311690.5
- IPC class
- D06F 39/02
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0742/96 Textile/UNILEVER 2000-09-05
- Abstracts for this decision
- -
- Application title
- Procédé et dispositif pour traiter le textile
- Applicant name
- UNILEVER PLC
- Opponent name
- Procter & Gamble
- Board
- 3.2.05
- Headnote
The following question is referred to the Enlarged Board of Appeal:
Are the boards of appeal, in application of the principle of good faith, bound to notify the appellant of a missing appeal fee when the notice of appeal is filed so early that the appellant could react and pay the fee in time, even if there was no indication - either in the notice of appeal or in any other document filed in relation to the appeal - from which it could be inferred that the appellant would, without such notification, inadvertently miss the time limit for payment of the appeal fee?
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 112(1)(a) 1973
- Keywords
- Referral to the Enlarged Board
Fee for appeal
Principle of good faith - Catchword
- -
ORDER
For these reasons it is decided that:
The following question is referred to the Enlarged Board of Appeal:
Are the boards of appeal, in application of the principle of good faith, bound to notify the appellant of a missing appeal fee when the notice of appeal is filed so early that the appellant could react and pay the fee in time, even if there was no indication - either in the notice of appeal or in any other document filed in relation to the appeal - from which it could be inferred that the appellant would, without such notification, inadvertently miss the time limit for payment of the appeal fee?