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Date of decision 26 March 2003
Case number J 0012/01 - 3.1.1*
Application number 96306765.7
IPC D04B9/44
Proceedings Language EN
Title of the application -
Applicant name HIGHLAND INDUSTRIES, INC.
Opponent name -
Headnote
The following questions are referred to the Enlarged Board of Appeal:

I. In the event of interlocutory revision, does the department of first instance whose decision has been appealed, have the power to refuse a request for reimbursement of the appeal fee, and if so, is such refusal a final or an appealable decision?

II. If a department of first instance, not having that power, refers the request for reimbursement of the appeal fee to the Boards of Appeal for decision, how should the competent board be constituted?

Articles and Rules EPC . Art 21
. Art 106(5)
. Art 109(1)
. Art 112
. R 10(4)
. R 67
Keywords
Interlocutory revision - refusal of the request for reimbursement of the appeal fee - power of the department of first instance - composition of the possibly competent board of appeal - referral to the Enlarged Board
Cited Decisions J 0032/95
T 0473/91
T 0790/98
T 0700/01
G 0002/90
Catchwords:
-

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