| European Case Law Identifier: | ECLI:EP:BA:1991:T062990.19910404 | ||||||||
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| Date of decision: | 04 April 1991 | ||||||||
| Case number: | T 0629/90 | ||||||||
| Application number: | 82109344.0 | ||||||||
| IPC class: | H01F 27/26 | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Sedlbauer | ||||||||
| Opponent name: | Schuntermann u. Benninghoven | ||||||||
| Board: | 3.5.02 | ||||||||
| Headnote: | Whereas under Rule 60(2) EPC opposition proceedings may be continued at the discretion of the European Patent Office when the opposition is withdrawn, withdrawal of the opposition in appeal proceedings has no immediate procedural significance if the Opposition Division has revoked the European patent. The Board of Appeal must then re-examine the substance of the Opposition Division's decision of its own motion, setting it aside and maintaining the patent only if the latter meets the requirements of the EPC. When the Board examines the decision, evidence may be cited which had been submitted by an opponent before the opposition was withdrawn (cf. point 2.2 of the Reasons for the Decision). | ||||||||
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| Keywords: | Prior public use Continuation of appeal proceedings after withdrawal of opposition Inventive step (no) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t900629ep1.html
Date retrieved: 17 May 2021
21 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)