G 0007/91 (Withdrawal of appeal) of 5.11.1992

European Case Law Identifier: ECLI:EP:BA:1992:G000791.19921105
Date of decision: 05 November 1992
Case number: G 0007/91
Referral: T 0357/89
Application number: 83106412.6
IPC class: C09D 11/10
Language of proceedings: DE
Download and more information:
No PDF available
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: BASF
Opponent name: AKZO
Board: EBA

Headnote

In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.
Relevant legal provisions:
European Patent Convention 1973 Art 113(2)
European Patent Convention 1973 Art 114(1)
European Patent Convention 1973 R 60(2)
European Patent Convention 1973 R 66(1)
Keywords: Effect of withdrawal of the appeal
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 1400/11
T 1090/98
T 0724/08
T 0574/91
T 1098/01
T 0954/98
T 0885/93
T 0716/91
T 0596/89
T 0877/01
T 0074/00
G 0004/93
T 1705/07
T 0416/07
T 0079/07
T 0195/93
T 0737/92
T 0039/93
T 1126/00
T 0257/03
T 0253/95
T 0240/04
T 0006/92
G 0008/93
T 0339/06
T 0860/91
T 0951/91
T 0356/08
T 0157/97
T 0615/96
T 0636/95
T 0635/99
G 0009/92
T 0667/92

Summary of Proceedings

The Summary of Proceedings and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 8/91, OJ EPO 1993, 346. The proceedings were consolidated.

Reasons for the Decision

The Summary of Proceedings and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 8/91, OJ EPO 1993, 346. The proceedings were consolidated.

ORDER

For these reasons it is decided that: The point of law referred to the Enlarged Board in case G 7/91 is answered as follows:

In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.

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