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Date of decision
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17 August 1999
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Case number
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T 0862/98
- 3.4.2
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Application number
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87116861.3
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Title of the application
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Apparatus and process for reagent fluid dispensing and printing
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Applicant name
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Abbott Laboratories
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Opponent name
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Roche Diagnostics GmbH
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Keywords
Unclear situation of the file: substantive oral decision or
intention announced
Infringement of Rule 68(2) EPC: substantial procedural violation
Change in composition of Opposition Division: obligation to
offer new oral proceedings
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Catchwords:
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Changes in the composition of an Opposition Division after oral
proceedings should be generally avoided also in cases where no
final substantive decision has been given orally. Where this is
not possible, new oral proceedings must in general be offered to
the parties under such circumstances (see the analogous
regulation of Article 7(1) of the Rules of Procedure of the
Boards of Appeal). Such offers may be foregone in exceptional
cases, in particular if the final decision given by a
differently composed Opposition Division is not substantially
based on findings arrived at during the oral proceedings but on
fresh facts and arguments communicated to the parties in the
resumed written proceedings (see point 2.3 of the reasons).
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