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Date of decision
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28 January 2005
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Case number
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G 0003/03
- EBA
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Application number
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96306765.7
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Title of the application
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Bias-cut, knit cover for a belt, hose or the like
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Applicant name
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HIGHLAND INDUSTRIES, INC.
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Headnote
1.In the event of interlocutory revision under Article 109(1)
EPC, the department of the first instance whose decision has
been appealed is not competent to refuse a request of the
appellant for reimbursement of the appeal fee.
2.The board of appeal which would have been competent under
Article 21 EPC to deal with the substantive issues of the appeal
if no interlocutory revision had been granted is competent to
decide on the request.
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Keywords
Interlocutory revision and request for reimbursement of the
appeal fee - department of the first instance not competent to
refuse the request for reasons of equity - competence of the
board of appeal which would have been competent to decide on the
substantive issues of the appeal in the absence of interlocutory
revision
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