J 0010/02 (Suspension of proceedings/RESUMPTION) of 22.02.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:J001002.20050222
- Date of decision
- 22 February 2005
- Case number
- J 0010/02
- Petition for review of
- -
- Application number
- 90300458.8
- IPC class
- C07H 17/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Avermectin derivatives
- Applicant name
- Merck & Co., Inc.
- Opponent name
- Pfizer Italiana S.p.A. et al
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention R 13(1) 1973European Patent Convention R 13(3) 1973
- Keywords
- Suspension of proceedings (confirmed)
Resumption - Remittal to the first instance - Catchword
- -
ORDER
For these reasons it is decided that:
1. The appeal is dismissed.
2. The case is remitted to the department of first instance with the order to enquire which stage the proceedings before the Court of Rome have reached and, if appropriate, to resume the suspended EPC proceedings by setting the date on which it intends to resume them, taking into account the elements indicated in point XIII of the summary of facts and submissions of the present decision.