T 0167/97 (Admissibility) of 16.11.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:T016797.19981116
- Date of decision
- 16 November 1998
- Case number
- T 0167/97
- Petition for review of
- -
- Application number
- 90304778.5
- IPC class
- B23D 65/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- NN AG
- Opponent name
- YY GmbH
- Board
- 3.2.02
- Headnote
1. The requirement of Article 122(2), second sentence, EPC that the "omitted act" must be completed within the prescribed period implies that the completed act also must meet the requirements of the EPC - ie in the present case that the statement of grounds of appeal is admissible for the purpose of Article 108, last sentence, EPC.
2. Where the statement of grounds filed with the request for re-establishment is insufficient for the appeal to be declared admissible, the request for re-establishment must itself be declared inadmissible.
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 122 1973
- Keywords
- Re-establishment - inadmissible
Omitted act - inadmissible grounds of appeal
Appeal - inadmissible - Catchword
- -
ORDER
For these reasons it is decided that:
1. The request for re-establishment is rejected as inadmissible.
2. The appeal is rejected as inadmissible.