T 0357/89 (Withdrawal of appeal) of 19.08.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T035789.19910819
- Date of decision
- 19 August 1991
- Case number
- T 0357/89
- Petition for review of
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- Application number
- 83106412.6
- IPC class
- -
- 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
- BASF
- Opponent name
- AKZO
- Board
- 3.3.02
- Headnote
The following points of law are referred to the Enlarged Board of Appeal:
1. Can a Technical Board of Appeal continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal?
2. If the answer to question (1) is yes:
(a) How are appeal proceedings to be terminated after withdrawal of the sole opponent's appeal? (cf. point 5.1 of the Reasons for the Decision)
(b) What principles govern a decision to continue appeal proceedings? (cf. point 5.2 of the Reasons for the Decision)
(c) What procedural principles are applicable if the appeal proceedings are to be continued? (cf. point 5.3 of the Reasons for the Decision)
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention R 60(2) 1973European Patent Convention R 66(1) 1973
- Keywords
- Continuation of opposition appeal proceedings following withdrawal of sole opponent's appeal
- Catchword
- -
- Cited cases
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- Citing cases
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ORDER
The following points of law are referred to the Enlarged Board of Appeal:
1. Can a Technical Board of Appeal continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal?
2. If the answer to question (1) is yes:
(a) How are appeal proceedings to be terminated after withdrawal of the sole opponent's appeal? (cf. point 5.1 of the Reasons for the Decision)
(b) What principles govern a decision to continue appeal proceedings? (cf. point 5.2 of the Reasons for the Decision)
(c) What procedural principles are applicable if the appeal proceedings are to be continued? (cf. point 5.3 of the Reasons for the Decision)