J 0011/94 (Pleading by person other than an authorised represenative) of 17.11.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:J001194.19941117
- Date of decision
- 17 November 1994
- Case number
- J 0011/94
- Petition for review of
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- Application number
- 92118493.3
- IPC class
- E05D 15/526
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Bedienungssperre für Betätigungsgestänge
- Applicant name
- W. HAUTAU GMBH
- Opponent name
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- Board
- 3.1.01
- Headnote
I. The following points of law are referred to the Enlarged Board of Appeal:
1. May a board of appeal exercise discretion in deciding whether or not a person not entitled under Article 134(1) and (7) EPC to represent parties to proceedings before the EPO may make submissions during oral proceedings in addition to the pleadings by the professional representative?
2. If the answer to question 1 is "yes": (a) What criteria must the board observe when exercising this discretion?
(b) Do special criteria apply to former board of appeal members?
II. To be effective declarations regarding procedure need to be clear. Ambiguous declarations are ineffective.
- Relevant legal provisions
- European Patent Convention Art 112 1973European Patent Convention Art 116 1973European Patent Convention Art 133 1973European Patent Convention Art 134 1973
- Keywords
- Pleading by a person other than an authorised professional representative during oral proceedings
Former board of appeal members as participants on the representatives' side
Effectiveness of ambiguous declarations regarding procedure: lack of clarity - Catchword
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ORDER
For these reasons it is decided that:
The following points of law are referred to the Enlarged Board of Appeal:
1. May a board of appeal exercise discretion in deciding whether or not a person not entitled under Article 134(1) and (7) EPC to represent parties to proceedings before the EPO may make submissions during oral proceedings in addition to the pleadings by the professional representative?
2. If the answer to question 1 is "yes":
(a) What criteria must the board observe when exercising this discretion?
(b) Do special criteria apply to former board of appeal members?