G 0007/91 (Withdrawal of appeal) of 05.11.1992

European Case Law Identifier: ECLI:EP:BA:1992:G000791.19921105
Date of decision: 5 November 1992
Case number: G 0007/91
Petition for review of: T 0357/89 1991-08-19
Application number: 83106412.6
IPC class: C09D 11/10
Language of proceedings: German
Distribution: Published in the EPO's Official Journal (A)
Download: -
OJ versions: German
English
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Other decisions for this case: -
Abstracts for this decision: -
Application title: -
Applicant name: BASF
Opponent name: AKZO
Board: -
Headnote: In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.
Relevant legal provisions: European Patent Convention Art 113(2) 1973 European Patent Convention Art 114(1) 1973 European Patent Convention R 60(2) 1973 European Patent Convention R 66(1) 1973
Keywords: Effect of withdrawal of the appeal
Catchword: -
Cited cases: -
Citing cases: G 0009/92 G 0004/93 G 0008/93 G 0002/24 T 0596/89 T 0574/91 T 0716/91 T 0860/91 T 0951/91 T 0006/92 T 0667/92 T 0737/92 T 0039/93 T 0195/93 T 0885/93 T 0253/95 T 0636/95 T 0615/96 T 0157/97 T 0954/98 T 1090/98 T 0635/99 T 0074/00 T 1126/00 T 0877/01 T 1098/01 T 0257/03 T 0240/04 T 0339/06 T 0079/07 T 0416/07 T 1705/07 T 0356/08 T 0724/08 T 0566/10 T 1400/11 T 0438/12 T 0576/12 T 0711/13 T 0990/15 T 1257/15 T 2175/15 T 0882/17 T 1656/17 T 0695/18 T 1573/18 T 1839/18 T 1789/22

ORDER

For these reasons it is decided that: The point of law referred to the Enlarged Board in case G 7/91 is answered as follows:

In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.