|European Case Law Identifier:||ECLI:EP:BA:1999:J003295.19990324|
|Date of decision:||24 March 1999|
|Case number:||J 0032/95|
|IPC class:||F16H 61/06|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Control apparatus for regulating engagement of a fluid operated torque transmitting device|
|Applicant name:||General Motors Corporation|
|Headnote:||1. Under Rule 67 EPC, in the event of interlocutory revision, the department whose decision has been impugned does not have the power to refuse a requested reimbursement of the appeal fee.
2. Such power lies with the board of appeal.
3. If the department whose decision is contested considers the requirements of Article 109 EPC for interlocutory revision as being fulfilled, but not the requirements of Rule 67 EPC for reimbursement of the appeal fee, it shall rectify its decision and remit the request for reimbursement of the appeal fee to the board of appeal for a decision.
|Relevant legal provisions:||
|Keywords:||Object of appeal - interlocutory revision - power of Examining Division to refuse reimbursement of appeal fee - no - substantial procedural violation|
Date retrieved: 30 December 2018