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Case Law of the Boards of Appeal

 
 
3.2.1 In opposition proceedings

In G 3/04 (OJ 2006, 118), the Enlarged Board concluded, inter alia, that the valid intervener only acquired the status of an opponent, irrespective of whether the intervention occurred during the proceedings before the opposition division or at the appeal stage. In either case his rights and obligations were the same as those of other opponents. For opposition proceedings in particular, this meant that an intervener in proceedings before the opposition division, where all the opponents had withdrawn their oppositions, could continue the proceedings alone and, if need be, file an appeal, since under Art. 105(2), third sentence, EPC 1973, such intervention at the appeal stage of the proceedings confers, in these proceedings, opponent status on the intervener under Art. 99 EPC 1973 .