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)
- Download
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- Other decisions for this case
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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.
- Relevant legal provisions
- European Patent Convention Art 105 1973European Patent Convention Art 107 1973
- 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.