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Date of decision
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24 March 2004
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Case number
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T 0379/01
- 3.5.1
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Application number
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91907657.0
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Title of the application
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Receiver for satellite reception
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Applicant name
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THOMSON multimedia Sales UK Limited
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Opponent name
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Interessengemeinschaft für Rundfunkschutzrechte e.V.
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Keywords
Exclusion of a document from file inspection (no)
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Catchwords:
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1. The provisions concerning the exclusion of documents from
file inspection lay down exceptions from the principle of public
inspection of files pursuant to Article 128(4) EPC, thus
requiring a narrow construction of these provisions. In
particular if a key document relating to a fundamental issue in
an inter partes case, such as contested admissibility of an
opposition, is concerned, a strict standard has to be applied.
2. In view of the public interest in accessing evidence relevant
for deciding a case, a merely abstract prejudice to hypothetical
personal or economic interests is not a sufficient bar in this
connection. The party requesting such exclusion should rather
show that public access to certain documents would be
prejudicial to specific and concrete personal or economic
interests.
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