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1. A transfer of an opposition together with the relevant
business assets in whose interests the opposition has been filed
is allowable (following G 4/88). Where both the original
opponent and the transferee each file an appeal before the
transfer of the opposition has been notified to the EPO with
supporting evidence of the transfer, the appeal of the original
opponent is admissible, but the appeal of the transferee is
inadmissible. The transferee however acquires the status of
opponent and appellant as of the date when the EPO has been
requested to make the transfer and has been supplied with
adequate documentation evidencing the transfer.
(Points 1 to 7).
2. The strength of the presumption in favour of the accuracy of
a Received date marking appearing on the copy of a journal in a
library as evidence of the actual date when the journal was made
available to the public will depend on the library routine used.
A handwritten date on the cover of a journal not accepted as
correct in view of other evidence. (Points 8 to 14).
3. Relevant document belatedly introduced
was allowed into the procedure.
The belated submission was, however, considered to have caused
unnecessary costs to be incurred, and so to make equitable an
apportionment of costs in favour of respondent patentee. A fixed
sum of Euro 2,500 was awarded by board of appeal itself, in the
exercise of its discretion under Article 111(1) EPC to avoid the
need for an investigation of an exact amount which would be more
burdensome for the parties. (Points 18 to 20).
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