T 0115/82 (Pulp production) of 01.03.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:T011582.19830301
- Date of decision
- 1 March 1983
- Case number
- T 0115/82
- Petition for review of
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- Application number
- 79101110.9
- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Bayer
- Opponent name
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- Board
- 3.3.01
- Headnote
I. Parties' consent to the consolidation of appeal proceedings pursuant to Article 9(2) of the Rules of Procedure of the Boards of Appeal (Official Journal of the EPO 1983, pp. 7,9) is not required if the parties are the same, the facts are related with regard to their subject-matter and a possible interest for the parties in separate proceedings is not recognisable.
II. The decision of a Formalities Officer must be set aside if his power to decide cannot be inferred from Rule 9(3) EPC or from a transfer of powers based thereon. The case must be remitted to the department referred to in Article 15 EPC, whose competence is derived from the Convention (in connection with J 10/82 dated 21 December 1982, Official Journal of the EPO 1983, p. 94).
- Relevant legal provisions
- European Patent Convention R 9(3) 1973RPBA_009(1)RPBA_009(2)
- Keywords
- Consolidation of proceedings
Formalities Officer - competence - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. Appeal cases T 114/82 and T 115/82 are hereby consolidated.
2. The decisions of the Formalities Section of the of the Opposition Division of the European Patent Office dated 13 May 1982 concerning the European patent bearing the publicaiton number 4928 and 2 June 1982 concerning the European patent bearing the publication number 4938 respectively, are set aside and the cases remitted to the competent Opposition Division for prosecution of the procedure.
3. Reimbursement of the appeal fees is ordered.