T 0843/91 (Photographic elements) vom 05.08.1993

A decision remitting a case to the Opposition Division with the order to maintain a patent on the basis of amended claims is binding in the sense that neither the wording nor the patentability of these claims may be further challenged in subsequent proceedings before the EPO. A finding of fact upon which this decision rests, i.e. a finding which is conditio sine qua non for the decision, is equally binding. Such a finding of fact is therefore not open to reconsideration pursuant to Article 111(2) EPC (point 3.4.2 of the Reasons).