J 0032/95 (Power of Exam. Div.to refuse reimbursement of appeal fee) of 24.03.1999
- European Case Law Identifier
- ECLI:EP:BA:1999:J003295.19990324
- Date of decision
- 24 March 1999
- Case number
- J 0032/95
- Petition for review of
- -
- Application number
- 92200280.3
- IPC class
- F16H 61/06
- 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
- Control apparatus for regulating engagement of a fluid operated torque transmitting device
- Applicant name
- General Motors Corporation
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. Under Rule 67 EPC, in the event of interlocutory revision, the department whose decision has been impugned does not have the power to refuse a requested reimbursement of the appeal fee.
2. Such power lies with the board of appeal.
3. If the department whose decision is contested considers the requirements of Article 109 EPC for interlocutory revision as being fulfilled, but not the requirements of Rule 67 EPC for reimbursement of the appeal fee, it shall rectify its decision and remit the request for reimbursement of the appeal fee to the board of appeal for a decision.
- Relevant legal provisions
- European Patent Convention Art 106(4) 1973European Patent Convention Art 109 1973European Patent Convention Art 113(1) 1973European Patent Convention R 51(3) 1973European Patent Convention R 67 1973
- Keywords
- Object of appeal - interlocutory revision - power of Examining Division to refuse reimbursement of appeal fee - no - substantial procedural violation
- Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision of the Examining Division that the application for reimbursement of the appeal fee is not granted, is set aside.
2. The appellant's request that the appeal fee paid on 8. April 1995 be reimbursed is rejected.
3. Reimbursement of the appeal fee paid on 11 September 1995 is ordered.