T 0089/84 (Reimbursement of appeal fees) of 03.07.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:T008984.19840703
- Date of decision
- 3 July 1984
- Case number
- T 0089/84
- Petition for review of
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- Application number
- 79300496.1
- IPC class
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- 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
- Torrington
- Opponent name
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- Board
- 3.2.01
- Headnote
I. If a Statement of Grounds of appeal is deliberately not filed so as to render the appeal inadmissible, the appeal fee cannot be reimbursed.
II. Since a Board of Appeal is required to examine the facts of its own motion and may consequently re-open any matter decided by the department of first instance, there seems to be no procedural necessity for the filing of a "cross-appeal" by a respondent or by a party who might be a respondent to an appeal filed by another party, even if, which is an open question, the appeal procedure under the EPC permits the filing of a "cross-appeal".
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 110(2) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention R 65(1) 1973European Patent Convention R 67 1973
- Keywords
- Reimbursement of Appeal fee
Appeal fee - no refund if Statement of Grounds not filed
Precautionary appeal, no necessity to file - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The appeal is rejected as inadmissible.
2. The request for reimbursement of the appeal fee is rejected.