A Practical Guide to Success in Opposition and Appeal
This chapter combines detailed information about the legal framework relevant to appeal proceedings with practical advice on how to act in these proceedings. The core of this chapter deals with the issue of late filings, including late-filed grounds, claim requests, facts, evidence and arguments. The relevance of the Rules of Procedure of the Boards of Appeal is discussed, including their impact on first instance proceedings. Further issues in this chapter are the admissibility of the appeal, the prohibition of reformatio in peius, petition for review, the reimbursement of the appeal fee, apportionment of costs and intervention. While the chapter focusses on opposition (inter partes) appeal proceedings, it also provides information about special aspects to be taken into account when being in examination (ex parte) appeal proceedings. To exemplify the practical aspects, this chapter contains a variety of ‘practical advice’ and ‘case law examples’.
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