European Patent Office

G 0004/91 (Intervention - DOLEZYCH II) of 03.11.1992

European Case Law Identifier
ECLI:EP:BA:1992:G000491.19921103
Date of decision
3 November 1992
Case number
G 0004/91
Petition for review of
T 0202/89 1991-02-07
Application number
83111805.4
IPC class
B66C 1/18
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
Spanset
Opponent name
Arova-Mammut
Board
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Headnote

I. It is a prerequisite for intervention in opposition proceedings by an assumed infringer pursuant to Article 105 EPC that there are opposition proceedings in existence at the point in time when a notice of intervention is filed. II. A decision by an Opposition Division which decides upon the issues raised by the opposition is a final decision in the sense that thereafter the Opposition Division has no power to change its decision. III. Proceedings before an Opposition Division are terminated upon issue of such a final decision, regardless of when such decision takes legal effect. IV. In a case where, after issue of a final decision by an Opposition Division, no appeal is filed by a party to the proceedings before the Opposition Division, a notice of intervention which is filed during the two-month period for appeal provided by Article 108 EPC has no legal effect.

Keywords
Intervention
Catchword
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Cited cases
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ORDER

For these reasons it is decided that:

In a case where, after issue of a final decision by an Opposition Division, no appeal is filed by a party to the proceedings before the Opposition Division, a notice of intervention which is filed during the two-month period for appeal provided by Article 108 EPC has no legal effect.