European Patent Office

T 0862/98 (Apparatus for fluid dispersing/ABBOTT LABORATORIES) of 17.08.1999

European Case Law Identifier
ECLI:EP:BA:1999:T086298.19990817
Date of decision
17 August 1999
Case number
T 0862/98
Petition for review of
-
Application number
87116861.3
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Apparatus and process for reagent fluid dispensing and printing
Applicant name
Abbott Laboratories
Opponent name
Roche Diagnostics GmbH
Board
3.4.02
Headnote
-
Keywords
Unclear situation of the file: substantive oral decision or intention announced
Infringement of Rule 68(2) EPC: substantial procedural violation
Change in composition of Opposition Division: obligation to offer new oral proceedings
Catchword
Changes in the composition of an Opposition Division after oral proceedings should be generally avoided also in cases where no final substantive decision has been given orally. Where this is not possible, new oral proceedings must in general be offered to the parties under such circumstances (see the analogous regulation of Article 7(1) of the Rules of Procedure of the Boards of Appeal). Such offers may be foregone in exceptional cases, in particular if the final decision given by a differently composed Opposition Division is not substantially based on findings arrived at during the oral proceedings but on fresh facts and arguments communicated to the parties in the resumed written proceedings (see point 2.3 of the reasons).

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance for further prosecution.

3. The reimbursement of the appeal fee is ordered.