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Date of decision
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09 June 1994
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Case number
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T 1019/92
- 3.2.1
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Application number
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86308866.2
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Title of the application
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Failsafe engine controller
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Applicant name
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General Motors Corporation
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Opponent name
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Robert Bosch GmbH
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Keywords
Late submitted material - late filed facts - late submission of
public prior use (admitted) - no abuse of procedure - absence of
evidence
Notice of opposition - admissibility - objective basis -
requirements - relevant date - substantiation of the grounds of
opposition - sufficiency (yes)
Enlarged Board - referral (no)
Inventive step (no)
Extent to which a patent is opposed
No prior art material cited - dependent claims
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Catchwords:
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I. If an opponent requests revocation of the patent in its
entirety then the fact that no specific prior art material is
cited against a dependent claim does not exclude that claim from
the opposition (point 2.1 of the Reasons, paragraphs 3 and 4).
II. The fact that an opponent after the end of the opposition
period subsequently submits prior art material originating from
himself does not constitute an abuse of the proceedings in the
absence of evidence that this was done deliberately for tactical
reasons (see point 2.2 of the Reasons).
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