J 0019/82 (Partial withdrawal of appeal) of 28.07.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J001982.19830728
- Date of decision
- 28 July 1983
- Case number
- J 0019/82
- Petition for review of
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- Application number
- 81301388.5
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- 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
- Toray
- Opponent name
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- Board
- 3.1.01
- Headnote
In general, an appeal pending before a Board of Appeal of the EPO can be withdrawn without the consent of the Board concerned. Part of an appeal can be withdrawn in a case in which the part in question relates to a specific issue which formed a distinct part of the decision under appeal.
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention R 67 1973European Patent Convention R 69 1973European Patent Convention R 85a 1973European Patent Convention R 85b 1973European Patent Convention R 88 1973European Patent Convention R 9(3) 1973
- Keywords
- Withdrawal of appeal/withdrawal
Decisions by Formalities Officers
Exceeding entrusted powers
Procedural violation (substantial)
Reimbursement of appeal fee
Appeal fee/reimbursement - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. Insofar as the decision of the Head of Formalities of Directorate-General 2 dated 13 July 1982 rejected the appellants' request for correction of a mistake under Rule 88 EPC, it is set aside.
2. The case is remitted to the Examining Division for further processing.
3. Reimbursement of the appeal fee is ordered.