|
Date of decision
|
26 August 1992
|
|
|
Case number
|
T 0017/91
- 3.2.2
|
|
|
Application number
|
83903805.6
|
|
|
|
|
|
|
Title of the application
|
Razor blades
|
|
|
Applicant name
|
The Gillette Company
|
|
|
Opponent name
|
Wilkinson Sword GmbH
|
|
|
|
|
Keywords
Late submission of public prior use
Inventive step - yes
|
|
|
|
Catchwords:
|
|
An assertion of public prior use, based on the opponent's own
activities and submitted after the expiry of the opposition
period and in the absence of good reasons for the delay,
represents an abuse of the proceedings and a breach of the
principle of "good faith" which all parties are expected to
observe. Therefore, this kind of assertion cannot be deemed to
have been submitted in due time, and it is to be disregarded
under Article 114(2) EPC irrespective of its potential relevance.
As soon as evidence is in the possession of the opponent and it
is recognisable that it could be highly relevant to the validity
of the patent it should be submitted in the proceedings (cf.
point 5 of the Reasons).
|
|
|
