G 0002/91 (Appeal fees) of 29.11.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:G000291.19911129
- Date of decision
- 29 November 1991
- Case number
- G 0002/91
- Petition for review of
- T 0604/89 1991-03-15
- Application number
- 81201316.7
- IPC class
- G01F 1/58
- 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
- Krohne AG
- Opponent name
- Coors, Morgan Matroc, Danfoss, Rosemount
- Board
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- Headnote
1. A person who is entitled to appeal but does not do so and instead confines himself to being a party to the appeal proceedings under Article 107, second sentence, EPC, has no independent right to continue the proceedings if the appellant withdraws the appeal.
2. Appeal fees cannot be reimbursed simply because several parties to proceedings before the EPO have validly filed an appeal against the same decision.
- Relevant legal provisions
- European Patent Convention Art 107 1973
- Keywords
- Reimbursement of appeal fees where several parties have filed an appeal
- Catchword
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- Cited cases
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ORDER
For these reasons it is decided that: The point of law referred to the Enlarged Board is answered as follows:
1. A person who is entitled to appeal but does not do so and instead confines himself to being a party to the appeal proceedings under Article 107, second sentence, EPC, has no independent right to continue the proceedings if the appellant withdraws the appeal.
2. Appeal fees cannot be reimbursed simply because several parties to proceedings before the EPO have validly filed an appeal against the same decision.