T 0659/92 (Transfer of opposition) of 24.10.1994

1. If the sole appellant declares the appeal withdrawn, the board of appeal may decide the point at issue between the parties: ie whether the appeal has been validly withdrawn or whether the appeal proceedings should not continue on the grounds that the status of opponent in the opposition appeal proceedings, and thus entitlement to withdraw an appeal, had passed to a third party before the appeal was withdrawn. 2. A party's rights in a case may be transferred at any stage of opposition appeal proceedings, provided they are transferred together with the business assets or the assets in the interests of which the appeal was filed (see decision of the Enlarged Board of Appeal of 24 April 1989 - G 4/88 - OJ EPO 1989, 480, point 4 of the reasons).