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Date of decision 05 November 1992
Case number G 0007/91 - EBA
Application number EP83106412
IPC C09D11/10
Proceedings Language DE
Title of the application
Applicant name BASF
Opponent name AKZO
Headnote
In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.
Articles and Rules EPC . Art 113(2)
. Art 114(1)
. R 60(2)
. R 66(1)
Keywords
Effect of withdrawal of the appeal
Cited Decisions
Catchwords:

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Summary of Proceedings     

The Summary of Proceedings and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 8/91, OJ EPO 1993, 346. The proceedings were consolidated.

...

Reasons for the Decision     

The Summary of Proceedings and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 8/91, OJ EPO 1993, 346. The proceedings were consolidated.

......

ORDER     

For these reasons it is decided that: The point of law referred to the Enlarged Board in case G 7/91 is answered as follows:

In so far as the substantive issues settled by the contested decision at first instance are concerned, a Board of Appeal may not continue opposition appeal proceedings after the sole appellant, who was the opponent in the first instance, has withdrawn his appeal.

Remarks:

O.J. EPO issue: 1993,356

Case law reports: CLBA 1996


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