The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has declined to file such a request during first instance proceedings and there is no reason why such request could not have been filed before the opposition division.

Click here  for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.


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