T 0382/92 (Nullity of the impugned decision) of 26.11.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:T038292.19921126
- Date of decision
- 26 November 1992
- Case number
- T 0382/92
- Petition for review of
- -
- Application number
- 85112425.5
- IPC class
- F02D 41/34
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Control method for a fuel injection engine
- Applicant name
- HITACHI, LTD.
- Opponent name
- Robert Bosch GmbH
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 19(2) 1973European Patent Convention R 67 1973
- Keywords
- Lack of jurisdiction of the first instance
Nullity of impugned decision
Reimbursement of appeal fee
Remittal to the first instance - Catchword
- It follows from the lack of jurisdiction of the first instance that t he impugned decision is void ab initio. The faulty constitution of the Opposition Division gives rise to a substantial procedural violation and the appeal fee must be reimbursed.
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The impugned decision is null and void ab initio.
2. The case is remitted to the first instance for further prosecution.
3. The reimbursement of the appeal fee is ordered.