Judgment No. 2998

• Organization: European Patent Organisation (EPO)
• Date: 02.02.2011
• Original: English
• Judges: Gaudron, Ba, Rouiller
• Full judgment text - Full judgment text (french)

Decision

The application is dismissed.

Consideration 2

Extract:

Application for review of Judgment 2653.
"The grounds on which the Tribunal may review a judgment are set out in Judgment 442, under 3, as follows: 'an omission to take account of particular facts; a material error, i.e. a mistaken finding of fact which, unlike a mistake in appraisal of the facts, involves no exercise of judgment; an omission to pass judgment on a claim; and the discovery of a so called 'new' fact, i.e. a fact which the complainant discovered too late to cite in the original proceedings.' An application for review will not be granted unless the matter relied upon as a ground for review is such as to affect the Tribunal's decision."

Reference(s)

ILOAT Judgment(s): 442, 2653

Keywords

application for review; admissible grounds for review