T 0048/00 (Substantial procedural violation/CERESTAR) of 12.06.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T004800.20020612
- Date of decision
- 12 June 2002
- Case number
- T 0048/00
- Petition for review of
- -
- Application number
- 91310627.4
- IPC class
- A23G 1/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Process for the production of chocolate
- Applicant name
- CERESTAR HOLDING BV
- Opponent name
- ROQUETTE FRERES, S.A.
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 102(1) 1973European Patent Convention Art 104(1) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 116(1) 1973European Patent Convention R 51(4) 1973European Patent Convention R 67 1973European Patent Convention R 68(2) 1973European Patent Convention R 71a 1973Rules of procedure of the Boards of Appeal Art 10
- Keywords
- Substantial procedural violation - yes - inadmissibility of late filed request in oral proceedings at the opposition stage immediately followed by revocation of the patent - unsatisfactory wording before final decision - meaning of
of main request
Remittal to first instance - (yes)
Reimbursement of appeal fee - (no) - not equitable in the circumstances of the case
Apportionment of costs - more appropriate for decision in resumed first instance proceedings - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.
3. The request for reimbursement of the appeal fee is refused.
4. The request for apportionment of costs is refused.