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Date of decision
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30 June 2005
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Case number
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T 0474/04
- 3.3.7
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Application number
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94901465.8
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Title of the application
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Apparatus for kidney dialysis
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Applicant name
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ALTHIN MEDICAL, INC.
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Opponent name
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B. Braun Melsungen AG
Fresenius Medical Care Deutschland GmbH
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Headnote
If assertions made in an unsworn witness declaration
("eidesstattliche Versicherung") remain contested, as a rule a
request from a party to hear the witness must be granted before
these assertions are made the basis of a decision against the
contesting party.
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Keywords
Declaration in lieu of an oath (eidesstattliche Versicherung)
Affirmations made in a declaration contested, witness offered
but not summoned - substantial procedural violation
Remittal (yes)
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