European Patent Office

G 0002/91 (Appeal fees) of 29.11.1991

European Case Law Identifier
ECLI:EP:BA:1991:G000291.19911129
Date of decision
29 November 1991
Case number
G 0002/91
Petition for review of
T 0604/89 1991-03-15
Application number
81201316.7
IPC class
G01F 1/58
Language of proceedings
German
Distribution
Published in the EPO's Official Journal (A)
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Abstracts for this decision
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Application title
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Applicant name
Krohne AG
Opponent name
Coors, Morgan Matroc, Danfoss, Rosemount
Board
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Headnote

1. A person who is entitled to appeal but does not do so and instead confines himself to being a party to the appeal proceedings under Article 107, second sentence, EPC, has no independent right to continue the proceedings if the appellant withdraws the appeal.

2. Appeal fees cannot be reimbursed simply because several parties to proceedings before the EPO have validly filed an appeal against the same decision.

Keywords
Reimbursement of appeal fees where several parties have filed an appeal
Catchword
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Cited cases
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ORDER

For these reasons it is decided that: The point of law referred to the Enlarged Board is answered as follows:

1. A person who is entitled to appeal but does not do so and instead confines himself to being a party to the appeal proceedings under Article 107, second sentence, EPC, has no independent right to continue the proceedings if the appellant withdraws the appeal.

2. Appeal fees cannot be reimbursed simply because several parties to proceedings before the EPO have validly filed an appeal against the same decision.