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Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 6 · Proceedings before the Federal Court of Justice › Section 89

Decision on the appeal on points of law

(1) The decision on the appeal on points of law shall be given by order. The decision may be taken without oral proceedings.

(2) The Federal Court of Justice shall be bound in its decision by facts established in the contested order unless admissible and reasoned grounds for appeal on points of law are submitted in relation to these facts.

(3) The decision shall be reasoned and served on the parties ex officio.

(4) Where the contested order is annulled, the case shall be referred back to the Federal Patent Court for further proceedings and decision. The Federal Patent Court shall also base its decision on the legal assessment on which the annulment was based.

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