2.2. Appealable decisions
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  9. 2.2.2 Whether there has been a decision
  10. a) Examples of appealable decisions
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2.2.2 Whether there has been a decision

Overview

a) Examples of appealable decisions

(i) A formalities officer's letter rejecting the opposition as inadmissible was held to be an appealable decision in T 1062/99. (See also G 1/02, OJ 2003, 165, a referral occasioned by diverging decisions T 1062/99 and T 295/01, OJ 2002, 251) on a formalities officer's competence to decide on the admissibility of an opposition).

(ii) A document (EPO Form 2901) concerned with the applicant's request for re-establishment in respect of the period for payment of the third renewal fee plus additional fee was deemed to be a decision in J 7/08.

(iii) A communication from the Legal Division to deny the opponent party status in the proceedings pursuant to R. 142 EPC and its resulting refusal to consider the observations and requests submitted by the opponent constituted a decision within the meaning of Art. 106 EPC (J 12/19).

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