|European Case Law Identifier:
|Date of decision:
|14 July 1994
|Language of proceedings:
|Download and more information:
|Title of application:
|Vertical sync counter with automatic recognition of TV line standard
|N.V. Philips' Gloeilampenfabrieken
Interessengemeinschaft fÃ¼r Rundfunkschutzrechte E.V.
|I. If the patent proprietor is the sole appellant against an interlocutory decision maintaining a patent in amended form, neither the Board of Appeal nor the non-appealing opponent as a party to the proceedings as of right under Article 107, second sentence, EPC, may challenge the maintenance of the patent as amended in accordance with the interlocutory decision.
II. If the opponent is the sole appellant against an interlocutory decision maintaining a patent in amended form, the patent proprietor is primarily restricted during the appeal proceedings to defending the patent in the form in which it was maintained by the Opposition Division in its interlocutory decision. Amendments proposed by the patent proprietor as a party to the proceedings as of right under Article 107, second sentence, EPC, may be rejected as inadmissible by the Board of Appeal if they are neither appropriate nor necessary.
|Relevant legal provisions:
|Reformation in peius
Patent maintained in amended form in accordance with auxiliary request
Opposing parties each adversely affected
Appeal by one party
Requests by a non-appealing party which go beyond the appellants requests in the Notice of Appeal
Date retrieved: 17 May 2021
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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)
Case Law Book: III Amendments
XCLR III A 5.2 Point in time from which a new decision which deviates from existing practice becomes generally applicable