European Patent Office

T 0034/90 (Viscosity reduction) of 15.10.1991

European Case Law Identifier
ECLI:EP:BA:1991:T003490.19911015
Date of decision
15 October 1991
Case number
T 0034/90
Online on
8 January 1992
Petition for review of
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Application number
84200271.9
IPC class
C11D 3/08
Language of proceedings
English
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
Unilever
Opponent name
Henkel
Board
3.3.01
Headnote

1. Appeal proceedings are wholly separate and independent from the first instance proceedings. Their function is to give a judicial decision upon the correctness of a separate earlier decision of the first instance department.

2. Therefore, even if a representative had lawfully used an alternative official language in the oral proceedings before the first instance, he has to file a new notice pursuant to Rule 2(1) EPC for the appeal proceedings.

Keywords
Role of appeal proceedings: non-continuation of first instance ones
Catchword
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Cited cases
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ORDER

Accordingly, the Respondent's attempt to use an alternative official language, without fulfilling the requirements of Rule 2(1) EPC as they apply to these proceedings, is rejected. ...