Leistungshalbleiterbauelement (High performance semiconductor component), opposition proceedings (admissibility of an opposition), Federal Supreme Court, Germany, 30 July 2009, Docket No. Xa. ZB 28/08
If a party files an opposition against a patent based on a prior application which cannot be considered for the assessment of inventive step, the opposition is admissible even if the party does not make clear whether the opposition is based on the ground of lack of novelty or on the ground of lack of inventive step.
Read the judgment (in German) here.