T 1002/92 - Queueing system/PETTERSSON (abridged)
Date of the Decision:
1994-07-06 Headnote:
- In proceedings before the opposition divisions, late-filed facts, evidence and related arguments, which go beyond the “indication of the facts, evidence and arguments” presented in the notice of opposition pursuant to Rule 55© EPC in support of the grounds of opposition on which the opposition is based, should only exceptionally be admitted into the proceedings if prima facie, there are clear reasons to suspect that such late-filed material would prejudice the maintenance of the European patent.
- In proceedings before the boards of appeal, new facts, evidence and related arguments, which go beyond the “indication of facts, evidence and arguments” presented in the notice of opposition pursuant to Rule 55© EPC in support of the grounds of opposition on which the opposition is based, should only very exceptionally be admitted into the proceedings in the appropriate exercise of the board’s discretion, if such new material is prima facie highly relevant in the sense that it can reasonably be expected to change the eventual result and is thus highly likely to prejudice maintenance of the European patent; and having regard also to other relevant factors in the case, in particular whether the patentee objects to the admissibility of the new material and the reasons for any such objection, and the degree of procedural complication that its admission is likely to cause.