| European Case Law Identifier: | ECLI:EP:BA:2000:T055696.20000324 | ||||||||
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| Date of decision: | 24 March 2000 | ||||||||
| Case number: | T 0556/96 | ||||||||
| Application number: | 87307359.7 | ||||||||
| IPC class: | A61F 13/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | Wound dressing, its preparation and use | ||||||||
| Applicant name: | Smith & Nephew plc | ||||||||
| Opponent name: | Johnson & Johnson | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Clarity (yes) Inventive step (no) Apportionment of costs (yes) |
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| Catchwords: |
1. The equitable obligation of a party summoned to oral proceedings to inform the EPO that it will not attend (T 930/92) implies that the party reaches a decision and notifies it in good time, i.e. sufficiently in advance of the date of the oral proceedings to allow the Board to reconsider the need for oral proceedings, if necessary after having contacted the other parties summoned, and to give notice to them that the oral proceedings have been cancelled as a consequence. 2. Where a party informs the EPO and/or the other parties of its intention not to attend the oral proceedings so late that cancellation of the oral proceedings is no longer a feasible option, then, for the purposes of apportionment of costs, the party responsible is to be treated as if it had been absent without prior notice. |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t960556eu1.html
Date retrieved: 17 May 2021