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Date of decision
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16 November 98
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Case number
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T 0167/97
- 3.2.2
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Application number
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90304778.5
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Title of the application
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Apparatus and method for the production of cutter tools
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Applicant name
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Iseli & Co. AG
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Opponent name
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Vollmer Werke Maschinenfabrik GmbH
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Headnote
1. The requirement of Article 122(2), second sentence, EPC that
the "omitted act" must be completed within the prescribed period
implies that the completed act also must meet the requirements
of the EPC - ie in the present case that the statement of
grounds of appeal is admissible for the purpose of Article 108,
last sentence, EPC.
2. Where the statement of grounds filed with the request for
re-establishment is insufficient for the appeal to be declared
admissible, the request for re-establishment must itself be
declared inadmissible.
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Keywords
Re-establishment - inadmissible
Omitted act - inadmissible grounds of appeal
Appeal - inadmissible
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