T 0369/91 (Detergent compositions) of 15.5.1992

European Case Law Identifier: ECLI:EP:BA:1992:T036991.19920515
Date of decision: 15 May 1992
Case number: T 0369/91
Application number: 82200602.9
IPC class: C11D 3/37
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 559 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Unpublished | Published
Title of application: -
Applicant name: Procter & Gamble
Opponent name: Ciba-Geigy, Unilever, S.A. Camp
Unilever
S.A. Camp
Board: 3.3.01
Headnote: 1. In the case of the maintenance of the patent according to an auxiliary request of the patentee each party adversely affected by such decision of the Opposition Division may file an appeal against said decision ( Article 107, first sentence EPC).
2. Parties as of right to appeal proceedings (Article 107, second sentence, EPC) do not enjoy the same procedural rights as do parties who have lodged admissible appeals (following G 2/91, OJ EPO 1992, 206.
3. As a consequence, where the Opposition Division had maintained the patent in the amended form, the patentee who was only a party as of right to the appeal, cannot request a broader claim than was allowed by the Opposition Division. For the same reason such an opponent-respondent cannot request the revocation of the patent in its entirety.
Relevant legal provisions:
European Patent Convention 1973 Art 107
European Patent Convention 1973 Art 108
European Patent Convention 1973 Art 122
Keywords: Cross-appeal
Late-filed statement of grounds of appeal
Re-establishment of rights refused
Cross-appellant's rights under Article 107 EPC to make requests considered in the light of G 2/91 (OJ EPO 1992,206)
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0009/92
G 0004/93
J 0014/16
T 0742/89
T 0321/93
T 0752/93

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