European Case Law Identifier: | ECLI:EP:BA:1993:T080492.19930908 | ||||||||
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Date of decision: | 08 September 1993 | ||||||||
Case number: | T 0804/92 | ||||||||
Application number: | 85900817.9 | ||||||||
IPC class: | H02J 7/00 | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | A | ||||||||
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Title of application: | Energy saving refigeration apparatus having a control | ||||||||
Applicant name: | Thermo Produkter | ||||||||
Opponent name: | WAECO | ||||||||
Board: | 3.5.02 | ||||||||
Headnote: | While it is permissible, and even desirable, in proceedings before the EPO for the EPO to draw attention to any discrepancies between the arguments presented and the documents which are supposed to support those arguments, this should always be done in an as neutral and objective way as possible. It is definitely not proper to request the filing of statements under oath having a content suggested by the Opposition Division or any other instance. This involves the risk of leading witnesses and could seriously undermine the probative value of such statements. Such practice should therefore be avoided (point 5 of the reasons for the decision). | ||||||||
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Keywords: | Inventive step (yes), after amendment Sworn statements in writing, contents should not be suggested by EPO Added subject-matter (no) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t920804ex1.html
Date retrieved: 17 May 2021
5 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)