In case T 376/90 (OJ 1994, 906) the opposition division had held that the opposition was admissible in an interlocutory decision within the meaning of Art. 106(3) EPC 1973 (Art. 106(2) EPC), i.e. a decision which did not terminate the proceedings as regards one of the parties, without, however, allowing separate appeal. In the board's view, according to the clear language of the provision, such an interlocutory decision could only be appealed together with the final decision, unless the decision allowed separate appeal. Whether to allow a separate appeal was within the discretion of the opposition division. This discretion had been properly exercised by the opposition division with a view to enabling a decision on the substantive issues to be reached as soon as possible.