| European Case Law Identifier: | ECLI:EP:BA:1994:T065992.19941024 | ||||||||
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| Date of decision: | 24 October 1994 | ||||||||
| Case number: | T 0659/92 | ||||||||
| Application number: | 84113483.6 | ||||||||
| IPC class: | A61H 15/00 A61H 39/08 |
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| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Günter Schweisfurth | ||||||||
| Opponent name: | Koll KG | ||||||||
| Board: | 3.2.02 | ||||||||
| Headnote: | 1. If the sole appellant declares the appeal withdrawn, the board of appeal may decide the point at issue between the parties: ie whether the appeal has been validly withdrawn or whether the appeal proceedings should not continue on the grounds that the status of opponent in the opposition appeal proceedings, and thus entitlement to withdraw an appeal, had passed to a third party before the appeal was withdrawn. 2. A party's rights in a case may be transferred at any stage of opposition appeal proceedings, provided they are transferred together with the business assets or the assets in the interests of which the appeal was filed (see decision of the Enlarged Board of Appeal of 24 April 1989 - G 4/88 - OJ EPO 1989, 480, point 4 of the reasons). | ||||||||
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| Keywords: | Transfer of opposition Withdrawal of appeal Finality |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t920659ep1.html
Date retrieved: 17 May 2021
22 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)