Examples of using Remittal in English and their translations into German
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Colloquial
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Official
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Ecclesiastic
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Medicine
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Financial
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Ecclesiastic
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Political
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Computer
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Programming
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Official/political
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Political
Remittal- yes auxiliary request.
Conduct of appeal proceedings appeal, restitution, remittal and opposition proceedings.
Remittal to the first instance yes.
Keywords: Termination of opposition proceedings after remittal without previous notification; procedural violation.
Remittal to the first instance.
Letter criticising appealproceedings not added to the opposition file after remittal no substantial procedural violation.
Remittal to the examining division.
The appellant had thus had sufficientopportunity to react to the introduction of document D7, so that remittal was not necessary in order to comply with Art.
Remittal remained at the discretion of the board.
Keywords: Postpublished documents submitted as evidence of technical prejudice disregarded by opposition division-substantial procedural violation- remittal.
Remittal in such circumstances may still be necessary;
EPC 1973 employing the standard decision formula, by way of obiter dicta,findings which could obviate remittal in the event of the revocation being reversed on appeal.
Remittal and change of the curricula for regular studies and courses subject to§ 22 Abs.
However, it is the Appellant who was mainly affected by the substantial procedural violation committed by the opposition division,and therefore this party's request for remittal deserves particular consideration.
That remittal is not automatic where the patent is at risk is shown by T 1060/96.
In which he had taken part and in which the Board accepted a limitation of theclaims as filed of a divisional application as a basis for remittal without the question as to whether or not this would appear to be allowable under Article 76(1) EPC having been addressed at all.
Yet remittal may involve considerable delay as there may be another appeal before the question is finally resolved.
Nevertheless, the board had difficulty seeing how it could make a decision, at the remittal stage, on the apportionment of costs yet to be incurred in subsequent proceedings, the course and outcome of which were still open to speculation.
An opponent is not adversely affected by obiter dicta reasons given in a revocation decision and favourable to the patent proprietor, andwhich it is appropriate for the opposition division to include to obviate remittal in the event of revocation being reversed on appeal T 473/98, OJ 2001.
The board agreed that remittal would undoubtedly delay the case, although the degree of prejudice to the respondent was difficult to assess.
The body of the Office referred to in Article 70(1) of the Basic Regulation and the chairman of the Board of Appeal shall ensure by internal preparatory measures that the Board of Appeal can examine the case immediately after its remittal; the chairman shall in particular select the two other members in accordance with Article 46(2) of that Regulation and shall designate a rapporteur, prior to the remittal of the case.
It was not correct to state that the remittal of the proprietor's requests for correction to the examining division would convert inter partes proceedings into ex parte proceedings and degrade the opponent's role to that of a bystander.
Headnote: The prohibition of reformatio in peius as far as it entails a procedural limitation of the proprietor's liberty to change by way of amendments the scope ofprotection sought prevails"in principle"(G 4/93) until the final settlement of the opposition case and, therefore, also in any proceedings, including further appeal proceedings, subsequent to a remittal under Article 111 EPC point 2.3.1 of the reasons.
The appellant was of theopinion that an appeal should always lead to remittal to the examining division in cases where the examining division had indicated in a communication that a particular version of the application was patentable.
The appellant(opponent) argued that remittal to the examining division and a consequent stay of the opposition proceedings would be procedurally unfair, violate the principle of equal treatment of parties, and leave it with no legal remedy against the correction decision whereas the proprietor could appeal the examining division's decision if its request for correction was not allowed.
To admit a new request in those circumstances wouldpractically give patentees the opportunity to compel a remittal to the department of first instance as they pleased, which would not only put the opponent at a disadvantage but would also run counter to the principle of procedural economy.
Since, in the present case, the appellant requests remittal and the board sees no reason to proceed otherwise, it therefore remits the case under Article 10 RPBA to the department of first instance for examination of the alleged public prior use in the light of the evidence offered by the appellant under point 5(pages 13 to 24) of the statement of grounds for the appeal, including the circumstances of that use(when? what? how? where?) and, where appropriate.
The appellant has, however, argued(see section XII above) that,in the light of the particular circumstances of the present case, remittal to the examining division and in consequence a stay of the opposition proceedings would be procedurally unfair and violate the principle of equal treatment of the parties to the opposition proceedings.
In pending(inter partes) opposition proceedings, is a remittal to the examining division(ex parte proceedings) for correction of an error pursuant to Rule 140 EPC in an independent patent claim permitted if the correction of the error has a direct influence on the sole ground for opposition raised by the opponent,'added subject matter', and if the correction of the error would have the consequence that an opposition which was admissible when the opposition period expired became inadmissible a posteriori?
(1) EPC requires that an express opportunity to present observationsbe given to the parties by the Opposition Division after remittal to it of a case by a Board of Appeal for further prosecution on the basis of new evidence, even if submissions with respect to this new evidence have already been made during the preceding appeal proceedings point 2.1 of the reasons.