T 0021/02 (Reimbursement of appeal fee/TAKASAGO) of 20.02.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T002102.20060220
- Date of decision
- 20 February 2006
- Case number
- T 0021/02
- Petition for review of
- -
- Application number
- 95111575.7
- IPC class
- C07F 9/50
- 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
- Phosphine compounds, complexes containing the phosphine compounds as ligands, and process for producing optically active aldehydes using the phosphine compounds or complexes
- Applicant name
- TAKASAGO INTERNATIONAL CORPORATION
- Opponent name
- -
- Board
- 3.3.01
- Headnote
Where a request for reimbursement of the appeal fee pursuant to Rule 67 EPC was submitted only after the contested decision had been rectified under Article 109(1) EPC, the procedural situation differs from that underlying decisions G 0003/03 and J 0032/95 and, failing a decision of the department of first instance, no legal basis exists for the Board of Appeal to decide on that request.
- Relevant legal provisions
- European Patent Convention Art 106 1973European Patent Convention Art 109(1) 1973European Patent Convention Art 21(1) 1973European Patent Convention R 67 1973
- Keywords
- Interlocutory revision - request for reimbursement pursuant to Rule 67 EPC - examinination by Board of Appeal (no)"
- Catchword
- -
ORDER
For these reasons it is decided that:
The case is remitted to the department of first instance for further prosecution.