(2) Where notification is effected by registered letter, whether or not with advice of delivery, such letter shall be deemed to be delivered to the addressee on the tenth day following its posting, unless it has failed to reach the addressee or has reached him at a later date; in the event of any dispute, it shall be incumbent on the European Patent Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be. Microsoft Word 2003 Password Recovery Freeware there. In this case the Opposition Division had sent an invitation to file observations to the patent proprietor. The proprietor did not respond to this invitation and the patent was revoked as not complying with Art. The proprietor filed an appeal arguing that he did not receive the communication in question, so that it was not his fault that the time limit for answering this communication was missed.

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The EPO provided evidence that the letter in fact was delivered to the adressee, thereby fulfilling its duty under R126(2) last sentence. As a consequence the appeal was dismissed. This interesting case has already been discussed by the, so I'll keep this very brief. The situation was such that an applicant did not cite (relevant) prior art in his application as filed, whereas he was very aware of such relevant prior art.