T 0197/88 (Continuation of opposition proceedings) of 02.08.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T019788.19880802
- Date of decision
- 2 August 1988
- Case number
- T 0197/88
- Petition for review of
- -
- Application number
- 79300234.6
- IPC class
- C07D 213/64
- 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
- -
- Applicant name
- ICI
- Opponent name
- -
- Board
- 3.3.02
- Headnote
1. If an opposition is withdrawn after the dispatch of the communication pursuant to Rule 58(4) EPC, the opposition proceedings should, in principle, be continued by the Opposition Division of its own motion in the public interest (Decision T 156/84, Pressure swing adsorption (AIR PRODUCTS, point 3.5 of the Reasons, OJ EPO 1988, 372).
2. The appeal fee has to be reimbursed if the failure to give a party an opportunity to present his comments amounts to a breach of the requirements of Article 113(1) EPC.
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention R 58(4) 1973European Patent Convention R 60(2) 1973European Patent Convention R 67 1973
- Keywords
- Opposition proceedings - continuation in the public interest after withdrawal of opposition
Reimbursement of appeal fee (yes)
Appeal fee - reimbursement (yes)
Violation of the right to be heard - Catchword
- -
- Cited cases
- -
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 with the order to continue the opposition proceedings.
3. Reimbursement of the appeal fee is ordered.