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Date of decision
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05 August 1993
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Case number
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T 0843/91
- 3.3.1
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Application number
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82306197.3
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Title of the application
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Photographic elements containing aryloxy substituted
photographic material
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Headnote
A decision remitting a case to the Opposition Division with the
order to maintain a patent on the basis of amended claims is
binding in the sense that neither the wording nor the
patentability of these claims may be further challenged in
subsequent proceedings before the EPO. A finding of fact upon
which this decision rests, i.e. a finding which is conditio sine
qua non for the decision, is equally binding. Such a finding of
fact is therefore not open to reconsideration pursuant to
Article 111(2) EPC (point 3.4.2 of the Reasons).
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Keywords
Unauthorised representative (no)
Letter critisising appeal proceedings not added to the
opposition file after remittal (no substantial procedural
violation)
Binding effect of Board of Appeal decisions (res iudicata; ratio
decidendi)
Desirability of ending legal disputes (vexatious proceedings)
Revision of a Board of Appeal decision in application of Art.
125 EPC not decisive in the present case; insufficient evidence
of generally accepted practice in all Contracting States)
Referral to the Enlarged Board of Appeal (no)
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