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Section 102

Section 102

(1) The appeal on points of law is to be filed in writing with the Federal Court of Justice within one month after service of the order.

(2) The provisions of section 144 on the fixing of the value in dispute apply accordingly in proceedings on the appeal on points of law before the Federal Court of Justice.

(3) The appeal on points of law is to be reasoned. The time limit for submission of the grounds is one month; this period begins to run upon the filing of the appeal on points of law and may be extended by the presiding judge upon request.

(4) The grounds for the appeal on points of law must contain the following:

1.  a declaration as to the extent to which the decision is being contested and its amendment or setting aside is being requested;

2.  an indication of the violated legal provision;

3.  where the appeal on points of law is based on the fact that the law has been violated in respect of the proceedings, a description of the facts which result in the defect.

(5) The parties must be represented before the Federal Court of Justice by a lawyer as agent who has been admitted to practise before the Federal Court of Justice. At the request of one of the parties, their patent attorney is to be permitted to speak. Section 143 (3) applies accordingly.

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