J 0012/01 (Request for reimbursement of appeal fee/HIGHLAND INDUSTRIES) of 26.03.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:J001201.20030326
- Date of decision
- 26 March 2003
- Case number
- J 0012/01
- Petition for review of
- -
- Application number
- 96306765.7
- IPC class
- D04B 9/44
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Bias-cut, knit cover for a belt, hose or the like
- Applicant name
- HIGHLAND INDUSTRIES, INC.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
1. In the event of interlocutory revision, does the department of first instance whose decision has been appealed, have the power to refuse a request for reimbursement of the appeal fee, and if so, is such refusal a final or an appealable decision?
2. If a department of first instance, not having that power, refers the request for reimbursement of the appeal fee to the Boards of Appeal for decision, how should the competent board be constituted?
- Relevant legal provisions
- European Patent Convention Art 106(5) 1973European Patent Convention Art 109(1) 1973European Patent Convention Art 112 1973European Patent Convention Art 21 1973European Patent Convention R 10(4) 1973European Patent Convention R 67 1973
- Keywords
- Interlocutory revision - refusal of the request for reimbursement of the appeal fee - power of the department of first instance - composition of the possibly competent board of appeal - referral to the Enlarged Board
- Catchword
- -
ORDER
For these reasons it is decided that:
The following questions are referred to the Enlarged Board of Appeal:
1. In the event of interlocutory revision, does the department of first instance whose decision has been appealed, have the power to refuse a request for reimbursement of the appeal fee, and if so, is such refusal a final or an appealable decision?
2. If a department of first instance, not having that power, refers the request for reimbursement of the appeal fee to the Boards of Appeal for decision, how should the competent board be constituted?