T 0290/90 (Fee reduction) vom 09.10.1990

1. If infringement proceedings in a designated State have been commenced or are contemplated by the patentee (here, commenced and thereafter stayed pending decision in an opposition before the EPO), it is justified to give priority to an appeal in opposition proceedings and to decide it in advance of other pending appeals.

2. In a multiple opposition, where an appeal has been filed concerning the existence or admissibility of one of the oppositions, the examination stage of the opposition proceedings should be prepared and processed in parallel with the appeal with the participation of all the opponents up to the point when it is ready to be decided: as soon as the appeal is decided, the opposition may also be decided.

3. To be granted the benefit of a 20% reduction of the opposition fee under Rule 6(3) EPC, that part of a notice of opposition which is governed by Rule 55(c) EPC should always be filed in a non-official authorised language. See also the decision of the Enlarged Board of Appeal of 6 March 1992, G 6/91 (to be published).

4. Whether or not it may be considered justified to overlook a small amount of a fee which is lacking, under Article 9(1) Rules relating to Fees, must be decided on an objective, not a subjective, basis.