T 0577/97 (Destruction of organohalogen compounds/ALLIEDSIGNAL) of 05.04.2000
- European Case Law Identifier
- ECLI:EP:BA:2000:T057797.20000405
- Date of decision
- 5 April 2000
- Case number
- T 0577/97
- Petition for review of
- -
- Application number
- 90908746.2
- IPC class
- B01D 53/70
- 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
- Catalytic destruction of organohalogen compounds
- Applicant name
- AlliedSignal Inc.
- Opponent name
- SIEMENS AG
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 54(1) 1973European Patent Convention R 57a 1973
- Keywords
- Novelty - no, no new choice
Late filed evidence - admitted
New claims filed during oral proceedings - admitted - Catchword
- There is no basis in the EPC to refuse auxiliary requests at oral proceedings because of the circumstance that the new claims are apparently "not clearly allowable". In contrast to the situtation in examining proceedings, where Rule 86(3) EPC requires that amendments after expiration of the time limit set in the first communication of the EPO are subject to the consent of the EPO, Rule 57a EPC does not contain such a requirement. The discretion not to admit auxiliary requests should in principle be limited to exceptional cases in which the filing of the auxiliary request can be said to amount to an abuse of procedural rights (point 3 of the reasons).
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.