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Other appeal · Board of Appeal · 2023-06-19
R0080/2023-3
Contested design: 009145303-0007
Appellant: applicantmedium-confidence extraction
Outcome
Discontinued / withdrawn
The appeal proceedings are closed because they have lost their purpose, and the appeal fee is reimbursed.
Show verbatim operative text
1. Closes the appeal proceedings. 2. Orders the reimbursement of the appeal fee.
CostsNo costs order
Parties
Applicant · invalidity challenger
Techtronic Cordless GPvia PDF extraction
United States (US)
100 Innovation Way, 29621 Anderson, United States
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Article 37Article 47(1)(a)Article 11(3)
Argument summary
- ›After the examiner rejected two designs from a multiple application because the views were inconsistent and the applicant did not cure the deficiency, the applicant filed two separate appeals against the same refusal decision.
- ›There was no opposing private party; this was an ex parte appeal against an examiner's refusal decision.
- ›Because companion appeal R 79/2023-3 had already annulled the refusal and remitted the case, the Board held that the present second appeal no longer served any purpose.
- ›It closed the appeal and reimbursed the appeal fee due to the substantial procedural violation created by opening the duplicate appeal.
Deciding panel
- ChairG. Humphreys
- RapporteurC. Bartos
- MemberS. Rizzo
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |