Monday, 4 February 2013

T 1969/07 – Contact Problems

In this examination appeal case, on July 16, 2012, the Board summoned the applicant to oral proceedings to be held on October 2, 2012. One day before the OPs the representative requested postponement because she had not been able to contact her Canadian client. The Board refused this request

[11] [… T]he Board could not allow the appellant’s request for postponement of the oral proceedings. Not being able to contact the client is not one of the substantive reasons justifying a postponement as mentioned in the Notice of VP3 concerning OPs (OJ EPO 2007, Special edition No. 3, 115) Moreover, the Board considers that it should be possible to establish contact with a client in a period of two and a half months in today’s world of modern communication. At least due diligence would require this.

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The file wrapper can be found here.