| European Case Law Identifier: | ECLI:EP:BA:1992:T036991.19920515 | ||||||||
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| 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: |
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| Title of application: | - | ||||||||
| Applicant name: | Procter & Gamble | ||||||||
| Opponent name: | Ciba-Geigy, Unilever, S.A. Camp Unilever S.A. Camp |
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| 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. |
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| Relevant legal provisions: |
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| 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) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t910369ex1.html
Date retrieved: 17 May 2021
17 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)