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| European Case Law Identifier: | ECLI:EP:BA:1985:T014682.19851202 | ||||||||
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| Date of decision: | 02 December 1985 | ||||||||
| Case number: | T 0146/82 | ||||||||
| Application number: | 79300047.2 | ||||||||
| IPC class: | – | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | Presence sensing system | ||||||||
| Applicant name: | TAG | ||||||||
| Opponent name: | – | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | – | ||||||||
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| Keywords: | Suspension of proceedings | ||||||||
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Summary of Facts and Submissions
I. Reference is made to the Summary of Facts and Submissions set out in the previous Decision of this Board, dated of 29.05.85, pursuant to which all proceedings for the grant a European patent on European patent application No. 79 300 047.3 were suspended in accordance with Rule 13 EPC until 01.12.85 or until further order by the Board. Under paragraph 2 of the Order then made, the Appellant and the Third Party were each given liberty to apply for the discharge or variation of the Order suspending proceedings.
II. By duly confirmed telex of 25.11.85, the Third Party requested a further stay of the proceedings until 01.02.86 on the ground that the Third Party and the Appellant had finally agreed terms for the settlement of their dispute on 22.11.85 and that the Third Party, to which the European patent application would now be assigned, wished to consult with the Appellant and the Appellant’s representative regarding the further handling of the appeal.
Reasons for the Decision
1. The Third Party’s request for a variation of the Order suspending proceedings under Rule 13 EPC is considered by the Board to be reasonable in all the circumstances of the case, notwithstanding the considerable length of time for which the proceedings have been pending, and the Board is satisfied that it is just to extend the stay of proceedings until 01.02.86, in the interests both of the Third Party and of the public in the expeditious further handling of the case.
2. However, in the public interest, it does not seem desirable to permit any further applications for variation of the Order suspending proceedings. Accordingly, paragraph 2 of the Order made on 29.05.85 must now cease to have effect.
ORDER
For these reasons, it is ordered that :
1. All proceedings for the grant of a European patent on European patent application No. 79 300 047.3 are further suspended until 1 February 1986.
2. Paragraph 2 of the Order made in these proceedings on 29 May 1985 shall cease to have effect.