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Case Law of the Boards of Appeal

Intervention in appeal proceedings 

In G 1/94 (OJ 1994, 787) the Enlarged Board concluded that Art. 105 EPC 1973 should apply to appeal proceedings. The term "opposition proceedings" was not restricted to the department of first instance, but could also refer to such proceedings at second instance. Intervention during appeal proceedings was therefore admissible. A notice of intervention filed during the two-month period for appeal has no legal effect if no appeal is filed (G 4/91, OJ 1993, 707; see also 3.1.4 a) above).