| European Case Law Identifier: | ECLI:EP:BA:1994:G000493.19940714 | ||||||||
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| Date of decision: | 14 July 1994 | ||||||||
| Case number: | G 0004/93 | ||||||||
| Referral: | T 0488/91 | ||||||||
| Application number: | 82903018.8 | ||||||||
| IPC class: | H04N 5/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Vertical sync counter with automatic recognition of TV line standard | ||||||||
| Applicant name: | Motorola, Inc. | ||||||||
| Opponent name: | N.V. Philips' Gloeilampenfabrieken Interessengemeinschaft für Rundfunkschutzrechte E.V. |
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| Board: | EBA | ||||||||
| Headnote: | 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. |
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| Relevant legal provisions: | |||||||||
| Keywords: | 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 Minority opinion |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g930004ex1.html
Date retrieved: 17 May 2021
95 references found.
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