T 0473/91 (Jurisdiction) of 09.04.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T047391.19920409
- Date of decision
- 9 April 1992
- Case number
- T 0473/91
- Petition for review of
- -
- Application number
- 84304471.0
- IPC class
- H03G 9/02
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0473/91 1992-08-25
- Abstracts for this decision
- -
- Application title
- Noise reduction circuit and method
- Applicant name
- Wegener Communications
- Opponent name
- -
- Board
- 3.5.01
- Headnote
The admissibility question under Article 109 EPC only falls under the jurisdiction of the department of first instance when this question can be decided immediately on the basis of the appeal submissions themselves (notice of appeal and statement of grounds, date of payment of the appeal fee). Consequently, the appellate instance has exclusive jurisdiction over a request for restitutio in integrum into a time limit relating to the appeal itself (Art. 108 EPC). The same instance then decides the admissibility issue accordingly (Art. 110(1) EPC in conjunction with Rule 65(1) EPC).
- Relevant legal provisions
- European Patent Convention Art 106 1973European Patent Convention Art 108 1973European Patent Convention Art 109 1973European Patent Convention Art 122 1973
- Keywords
- Final decision terminating proceedings
Jurisdiction over request for restitutio in integrum into the time limit for notice of appeal - Catchword
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- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision of 14 June 1991 to reinstate the appellants under Article 122(4) EPC into their rights is declared null and void.
2. The appellants are reinstated pursuant to Article 122 EPC into their right of appeal against the decision of 18 May 1988 to refuse European patent application No. 84 304 471.0.
3. The appeal is admissible.