T 0609/99 of 13.11.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T060999.20011113
- Date of decision
- 13 November 2001
- Case number
- T 0609/99
- Petition for review of
- -
- Application number
- 91311577.0
- IPC class
- H03M 1/24
- 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
- A rotary encoder
- Applicant name
- Xerox Corporation
- Opponent name
- Dr Johannes Heidenhain GmbH
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 56 1973
- Keywords
- -
- Catchword
- Despite the proprietor's objection to the admission of evidence which had been disregarded in the opposition procedure pursuant to Article 114(2) EPC, the Board may, in certain circumstances, take account of this evidence without any implication that it is prima facie highly relevant. This exercise of discretion is not inconsistent with the criteria set out in T 1002/92 (see points 2.1 to 2.3).
- Citing cases
- T 1198/10
ORDER
For these reasons it is decided that:
The appeal is dismissed.