Examples of using First-instance in English and their translations into German
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Note: Oppositions are first-instance legal remedies against granted European patents.
Ii The legal situation was that the Board was reviewing the first-instance decision.
Additional investments in the first-instance procedure improve the efficiency of the asylum process.
RPBA expressly refers to the boards' power to excluderequests which could have been filed in the first-instance proceedings.
The Legal Board of Appeal is responsible for reviewing first-instance decisions on issues of an essentially procedural nature.
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The most important first-instance appellate bodies at the University of St. Gallen are the Disciplinary Committee and the Appeal Committee.
Such requests can be submitted against both first-instance and second-instance decisions.
RPBA, it is in its discretionary power to hold(or not to hold) inadmissible a request which could have been presented in the first-instance proceedings.
The new jurisdiction applies not only to first-instance civil court judgments, but also to first-instance administrative judgments.
In light of this, it is recommended to proceed verycarefully as well as to collect and disclose the most information possible during the first-instance procedure.
During the first-instance procedure, the examining division only addressed the issue of exclusion of the claimed invention from patentability pursuant to then Article 52(4) EPC 1973.
RPBA, because it could already have been filed in the first-instance opposition proceedings.
There, it interpreted“tribunal” to include“first-instance decision-makers” which have either given a“dispositive ruling” or are to oversee a proceeding within“reasonable contemplation.
RPBA that the board in inter partes proceedings has discretion over whether or not to admit requests which couldhave been presented by the patent proprietor in first-instance proceedings.
The same applies to authorities and courts in first-instance proceedings whenever their district completely or partly coincides with bilingual district Language Protection acc.
RPBA confers on the boards of appeal discretion to hold inadmissible in appeal proceedings facts, evidence and requests which could have been presented orwere not admitted in the first-instance proceedings.
Merely referring to one's own first-instance submissions could not normally replace an explicit account of the legal and factual reasons for the appeal.
The payment instruction for the appeal fee was in the name of the real patent proprietor(a copy of a debit order was attached to the submissions as evidence)and the representative was the same as in the first-instance proceedings.
In T945/12 the board referred to some decisionswhere it was stated that in the case of a review of first-instance discretionary decisions a board of appeal nevertheless had to exercise its discretion under Art.
In first-instance proceedings, the correct identity of the applicant or the opponent was generally not easily derivable from the file, so that the burden of proving the true intention had to be a heavy one.
In the same way as a patent proprietorwas required to submit amended claims during first-instance opposition proceedings, an opponent was likewise required to submit citations against granted claims at first instance.
Also in T1616/10 the main request and auxiliary request 1 were not admitted into the proceedings, because claim 1 was broader than all requests underlying the appealed decision andthe requests could have been filed in first-instance proceedings.
Consequently, the mere fact that arequest could have been filed in the first-instance proceedings as such does not lead automatically to the inadmissibility of this request as in this case there would be no discretionary power of the board.
One change compared to the previous rules is that no new facts can be brought up, or no new evidence canbe presented if the taxpayer was aware of these before the first-instance decision, but chose not to submit them, despite requests from the tax authority.
If the tax authority does not accept the arguments andadopts its first-instance decision, an appeal can be submitted at the same tax authority within 15 days, or in the case of an ex post tax assessment, within 30 days.
To name but a few, new provisions have been introduced to ensure each applicant is provided with adequate means to substantiate his or her claims in order to reach an asylum decision within a six-month period, such as the personal interview and free advice on procedural andlegal aspects in first-instance procedures, including the preparation of the necessary procedural documents.
For example, there is a great difference with regard to the length of first-instance civil cases: while courts in the quicker member states need three months on average to reach a ruling, it takes over a year and a half on average in Slovakia, Italy or Malta.
The automatic debiting procedure is open only to applicants or patent proprietors and their representatives,but not to opponents(whether in first-instance proceedings or as a party to subsequent appeal or review proceedings), third parties or persons(other than the applicant or patent proprietor) who inspect the file.
If the Enlarged Board approved a review of first-instance technical board decisions which was restrictive in terms of the right to be heard, that gave the examining divisions and above all the opposition divisions more latitude to shape proceedings in accordance with prescribed efficiency objectives, e. g.
The precondition of whether the request at issue could have been presented in the first-instance proceedings relates to the question of whether the presenting party could have been expected to present its request in the first-instance proceedings in the circumstances of the specific case T 1538/10.