J 0021/09 (Competence of the Legal Board of Appeal/BAUER MASCHINEN GMBH) of 01.08.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:J002109.20110801
- Date of decision
- 1 August 2011
- Case number
- J 0021/09
- Petition for review of
- -
- Application number
- 07001768.6
- IPC class
- E02D 17/13
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Bodenabtragsvorrichtung
- Applicant name
- BAUER Maschinen GmbH
- Opponent name
- -
- Board
- 3.1.01
- Headnote
The following point of law is referred to the Enlarged Board of Appeal:
Is a technical board of appeal or the Legal Board of Appeal competent to hear an appeal against an EPO examining division's decision taken separately from its decision granting a patent or refusing the application not to refund search fees under Rule 64(2) EPC?
- Relevant legal provisions
- European Patent Convention Art 106(2)European Patent Convention Art 107European Patent Convention Art 108European Patent Convention Art 112(1)(a)European Patent Convention Art 21(3)(a)European Patent Convention Art 21(3)(b)European Patent Convention Art 21(3)(c)European Patent Convention R 103(1)European Patent Convention R 44European Patent Convention R 44(1)European Patent Convention R 62(1)European Patent Convention R 64(2)European Patent Convention R 71(3)European Patent Convention R 9(3) 1973
- Keywords
- Competence of the Legal Board of Appeal
Further search fees not refunded
Referral to the Enlarged Board of Appeal - Catchword
- -
- Citing cases
- T 0755/14
Order
For these reasons it is decided that:
The following point of law is referred to the Enlarged Board of Appeal:
Is a technical board of appeal or the Legal Board of Appeal competent to hear an appeal against an EPO examining division's decision taken separately from its decision granting a patent or refusing the application not to refund search fees under Rule 64(2) EPC?