European Patent Office

G 0001/14 (Referral to the Enlarged Board of Appeal) of 19.11.2015

European Case Law Identifier
ECLI:EP:BA:2015:G000114.20151119
Date of decision
19 November 2015
Case number
G 0001/14
Petition for review of
-
Application number
08716627.8
Language of proceedings
German
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
ABGASANLAGE
Applicant name
Tenneco GmbH
Opponent name
J. EBERSPÄCHER GMBH & CO. KG
Board
-
Headnote
-
Keywords
Admissibility of the referral of a point of law to the Enlarged Board of Appeal [no]
Rule 126(1) (as in force until 31 March 2015)
Catchword
1. If a board of appeal refers a point of law to the Enlarged Board under Article 112(1)(a) EPC, it is primarily up to the former to explain, in its referral decision, that – and why – it believes it needs an Enlarged Board ruling on the point arising in the case before it. This is also clear from Article 22(2), second sentence, RPBA, requiring the referring board to state the context in which the point originated.
2. In any event, the Enlarged Board must examine whether the referral fulfils the criteria of Article 112(1)(a) EPC (including that a "decision is required") and is thus admissible.
3. But if the referral is clearly the result of misapplying the law, and on a correct application an answer from the Enlarged Board is no longer necessary for the decision in the appeal proceedings, it is to be dismissed as inadmissible.

Order

For these reasons it is decided that:

The referral is inadmissible.