T 0925/91 (Combustion effluents) of 26.04.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T092591.19940426
- Date of decision
- 26 April 1994
- Case number
- T 0925/91
- Petition for review of
- -
- Application number
- 84904275.9
- IPC class
- B01D 53/34
- 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
- Non-Catalytic method for reducing the concentration of Nitrogen Oxide in combustion effluents
- Applicant name
- Exxon
- Opponent name
- Siemens AG
- Board
- 3.4.02
- Headnote
I. If a notice of opposition is rejected as inadmissible by the first instance, the opposition proceedings are legally terminated without a decision as to the substance of the opposition being issued. It is inconsistent with the procedural principle referred to above for the decision rejecting the opposition as inadmissible to consider its merits.
II. Remarks on substantive matters in a decision rejecting the opposition as inadmissible, have no legal effect. Even if misleading, they do not represent a substantial procedural violation justifying the reimbursement of the appeal fee.
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 99(1) 1973European Patent Convention R 55(c) 1973European Patent Convention R 56(1) 1973European Patent Convention R 64(b) 1973European Patent Convention R 65(1) 1973European Patent Convention R 67 1973
- Keywords
- Form of appeal - admissible (yes)
Examination of opposition - admissibility (yes)
Reimbursement of appeal fee (no)
Substantial procedural violation (no) - Catchword
- -
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 for further prosecution on the basis that the opposition is admissible.