Translation of "Kann dahingestellt bleiben" in English

The applicant has further stated that the period in which it alleges during the interim measure would have its that is to from

It is common ground that if there was a mistake, the mistake was one of law.

Consequently, it is no longer necessary to decide on the question of possible aid to the purchaser.

One can therefore disregard whether and to what extent broadcasting should be viewed as an activity of an industrial or commercial character and/or as an activity of the professions.

In this connection, it is up to the designer to decide whether in these cases the removal capability of the sliding roof 1 from the intended mounted position to a different location is expedient or should be omitted for cost reasons.

In the second question, the Court is asked to say whether the supplementary benefit provided for in Chapter II of the IWI is an invalidity benefit of Type B, within the meaning of Article 24 (1) of the Regulation.

The question whether this pressure equalization would take place in any case through the bore 8 housing the pin 7 is being left undecided.

If an invention is insufficiently disclosed, it is of no relevance whether it was objectively impossible to provide the missing information on the date of priority, ie whether nobody could have achieved the intended and claimed technical effect.

It needs, therefore, no further investigation as to how far this alleged effect would have been technical and would therefore have contributed to the technical character of the present invention according to Claim 1.

Whether the information John Ball was given at the time in question is correct - ie. whether the originals at the National Archives are still being made available to private individuals or not - may remain an open question.

There is no need to decide at this point under which conditions the legislature may, after a norm has been declared void, adopt a norm with identical content, because already the lowered minimum threshold is not a repetition of a norm with identical content.

The precise meaning and legal effects of this principle in the context of the European Patent Convention can be left open.

Consequently it is not necessary to establish whether Claim 1's contested lack of clarity is removed as a result of the proposed insertion.

Since the appeal is inadmissible for this reason, the question may be left unanswered whether the appellants were adversely affected under Article 107, first sentence, EPC by the decision under appeal, which was in accordance with the request made by their representative.

It can be set aside whether optionally further elements necessary for operating the fluidic display device, such as valves, pumps or the like, are arranged in the fluidic path between central liquid reservoir and cavities and can block it, as intended, temporarily.

It need not be established whether the two factors must coincide to create a situation - as in Decision J 26/80 - equivalent to entry in due time.

Whether this patent, as the contested decision considers, lies in the same special field as the subject-matter of the application, may be left open.

Since the request cannot be allowed for the preceding reasons, the question may be left unanswered whether the mistake made was the consequence of a clerical error as alleged by the Appellant.

The question of any interruption of proceedings under R. 90 EPC 1973 could be left open provided that all the losses of rights which had occurred could be overcome by restitutio in integrum .

It may be left undecided whether an alleged procedural violation in the earlier application might give rise to a reimbursement of the appeal fee in this divisional application.

However, the question whether institutions of the UN have the legal capacity, possibly on the basis of the UN Charter, to oppose universally applicable international law and to grant or revoke the quality as a state, may be left aside.

Whether the criminal courts' application of the reprehensibility clause in the one or the other case has led to results, whose correctness is open to dispute, can be left undecided, as this would not be sufficient to justify intervention by the constitutional court.

It is not necessary therefore to establish in this case whether the applicants themselves or their national patent attorney were unaware payment had not been made and whether they were made aware (see also: T 30/90 of 13 June 1991, not published).

The issues concerning Article 123(2) EPC and the right to claim priority are, therefore, dealt with jointly in the following.

Therefore, it is questionable, whether the Turkish military action of 1974, insofar as it was intended to defend Cyprus against unification with Greece, was necessary to the extent to which it was executed, as it is especially the second phase of this military action which remains controversial.

It is not necessary to go into the question of whether the preparation process itself has inventive step, so long as the product of this process is recognised as having inventive step.

25. In view of the above it is not apparent to the board that a substantial procedural violation occurred in first-instance proceedings which would justify the setting aside of the appealed decision.