T 0481/99 of 21.06.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T048199.20020621
- Date of decision
- 21 June 2002
- Case number
- T 0481/99
- Petition for review of
- -
- Application number
- 92103552.3
- IPC class
- B23Q 7/14
- 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
- Pallet for workpieces with adjustable support members
- Applicant name
- AXIS S.p.A.
- Opponent name
- (i) ATOP S.p.A.
(II) ATS Wickel- und Montagetechnik AG - Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 76(1) 1973European Patent Convention Art 83 1973European Patent Convention Art 87(1) 1973
- Keywords
- Amendments - basis in the divisional application as filed and in the earlier application (yes)
Disclosure - enabling
Priority - validity (yes)
Late-filed material - admitted (no)
Inventive step (yes) - Catchword
- The principle that late filed facts, evidence and related arguments should only exceptionally be admitted into the proceedings by the opposition division (see e.g. G 0009/91, T 1002/92) does not imply that a late filed allegation of a prior use, which would be relevant if proven, is to be automatically disregarded on the ground that the new facts need first to be established by taking evidence. However, if the submissions and/or documents related to the late allegation of a prior use show inconsistencies or even contradictions, then the deciding body may disregard the alleged prior use pursuant to Article 114(2) EPC without further inquiries (see point 5.2 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 first instance with the order to maintain the patent on the basis of the following documents:
Claims: 1 to 15 filed during oral proceedings;
Description: columns 1 and 2 filed during oral proceedings;
columns 3 to 15 as maintained by the decision under appeal;
Drawings: figures 1 to 15 as maintained by the decision under appeal.