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Date of decision
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07 September 2001
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Case number
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T 0295/01
- 3.3.4
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Application number
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94907826.5
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Title of the application
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Methods and diagnostic kits utilizing mammalian stress promoters
to determine toxicity of a compound
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Applicant name
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PRESIDENT AND FELLOWS OF HARVARD COLLEGE, et al
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Headnote
Since the provision of point 6 of the Notice of the
Vice-President of Directorate-General 2 of the EPO concerning
"the entrustment to formalities officers of certain duties
normally the responsibility of the Opposition Division of the
EPO", dated 28 April 1999 (OJ EPO 1999, 506), conflicts with
provisions of a higher level, ie Rules 9(3) and 56(1) EPC, the
latter prevail in analogy with the provision of Article 164(2)
EPC. Therefore the competence to decide on the inadmissibility
of the notice of opposition lies with the opposition division
and cannot be entrusted to a formalities officer.
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Keywords
Opposition procedure
Admissibility of opposition
Competence to decide
Formalities officer
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