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Case Law of the Boards of Appeal

Reach-through claims - reproducibility, II.C.5.5
Reasons for the decision of EPO departments, III.K.4.2
Incomplete and deficient reasoning, III.K.4.2.2.a, III.K.4.2.3.a
Reasons not well-founded, III.K.4.2.2.b
Reduction of the examination fee, III.Q.5
Re-establishment of rights, III.E
Admissibility of requests, III.E.3
Correction of deficiencies in the request, III.E.3.5
Cross-check, III.E.4.4.3
Deficiencies in computerised systems, III.E.4.4.6
Definition of "time limit", III.E.2.1
Designation of States, III.E.2.1.2
Divisional applications, III.E.2.1.1
Due care, III.E.4.2, III.E.4.5
Erroneous interpretation of EPC, III.E.4.5.2.c
Financial difficulties, III.E.3.2.2
Illness, III.E.4.3.2
Inability to observe time limits, III.E.3.2
Interruption of proceedings, III.E.5.4
Isolated mistake within a satisfactory system, III.E.4.4
Loss of rights, III.E.2.4
Non-observance of time limit directly causing a loss of right, III.E.2
Omitted act, III.E.3.3
One-year time limit, III.E.3.1.2
Opponent, III.E.1.1
Organisational upheaval, III.E.4.3.1
Principle of proportionality, III.E.7
Procedural treatment of requests, III.E.5
Refund of the fee, III.E.8
Removal of the cause of non-compliance, III.E.3.1.1
Right to file request, III.E.1
Rights of use, III.E.6
Substantiation of request, III.E.3.4
Time limits concerning PCT, III.E.2.3
Time limits excluded, III.E.2.2
Time limits for filing a request, III.E.3.1
Referral of a point of law by the President of the EPO to Enlarged Board of Appeal, IV.E.9.1.3
Referral under Article 112 EPC - Enlarged Board of Appeal, IV.E.9.1
Important points of law, IV.E.9.1.2
Referral of a point of law by the President of the EPO, IV.E.9.1.3
Suspension of first-instance proceedings following referral, IV.E.9.1.4
Uniform application of the law, IV.E.9.1.1
Reformatio in peius - appeal procedure, IV.E.3.1
Opponent as sole appellant, IV.E.3.1.f
Patentee as sole appellant, IV.E.3.1.e
Reformatio in peius and lack of cross-appeal in the EPC, IV.E.3.1.i
Reformulation of the technical problem, I.D.4.4
Refund of 
~ claims fees, II.A.8.2
~ further search fees, II.B.3.3.2
~ the fee for re-establishment, III.E.8
~ after a single communication in examination procedure, IV.B.2.4
~ after single communication and right to be heard, III.B.1.4.3
~ of a European patent application - examination procedure, IV.B.3.9
~ of requests, III.I.3
Register of legal practitioners, III.R.2.2
Register of Patents, III.M, III.M.2
Inspection of files, III.M.1
Registration of licences, III.M.2.2
Stay of proceedings, III.M.3
Transfer, III.M.2.3
Registration of licences in Register of Patents, III.M.2.2
Reimbursement of appeal fees, IV.E.2.9.2, IV.E.8
Allowability of the appeal, IV.E.8.2
Appeal deemed not have been filed - non-payment of appeal fees, IV.E.8.1.2.a
Appeal inadmissible, IV.E.8.1.2.c
Appeal withdrawn, IV.E.8.1.5
Error of judgment, IV.E.8.3.5
Inadequate reasons in decision at first instance, IV.E.8.3.4
Interlocutory revision, IV.E.2.9.2
Intervention in opposition appeal proceedings, IV.E.8.1.6
Oral proceedings, IV.E.8.3.2
Partiality, IV.E.8.3.6.g
~ in case of interlocutory revision, IV.E.8.4
Competence to decide on reimbursement of appeal fee, IV.E.8.4.2
Examining division should have rectified decision, IV.E.8.4.3
~ in case of request for re-establishment, IV.E.8.1.4
~ must be equitable, IV.E.8.5
Legitimate expectations, IV.E.8.5.3
Right to be heard, IV.E.8.3.3
Several appellants, IV.E.8.1.7
Substantial procedural violation, IV.E.8.3
Suspensive effect of appeal, IV.E.8.3.6.h
Reinstating broader claims in appeal proceedings, IV.E.4.5
Rejection of auxiliary request by examining division, III.I.4.1
Relationship between Article 123(2) and Article 123(3) EPC, II.E.3
Relationship between Article 83 and Article 84 EPC, II.C.7
Relevance of Article 69 EPC - interpretation, II.A.6.3.2
~ binding effect of decision, IV.E.7.7
Department of first instance bound by decision of board of appeal, IV.E.7.7.2
~ to the department of first instance, IV.E.7
Exercise of discretion to remit, IV.E.7.6
Remittal following a substantial procedural violation, IV.E.7.4
Remittal following filing of relevant new document, IV.E.7.2
Remittal following substantial amendment to claims, IV.E.7.3
Removal of the cause of non-compliance and re-establishment of rights, III.E.3.1.1
Repeatability - reproducibility, II.C.5.1
Repeatability - sufficiency of disclosure, II.C.6.1.3
Replacement of members of the board of appeal - petition for review, IV.E.9.3.1
Representation, III.R
Appointment of a common representative, III.R.3
Authorisations for appointment of a representative, III.R.4
Legal practitioners, III.R.2
Oral submissions by an accompanying person, III.R.5
Representatives, III.R.1
Filing of the authorisation, III.R.4.1
General authorisations, III.R.4.2
List of professional ~, III.R.1.1
Notification to ~, III.O.2
Persons without residence within a contracting state, III.R.1.2
Representative - postponement of oral proceedings, III.C.4.1.3.f
Substitution of ~, III.C.4.1.4
~ during the transitional period, III.R.1.3
Sub-authorisations, III.R.4.3
Reproducibility, II.C.5
Post-published documents, II.C.5.8
Reach-through claims, II.C.5.5
Repeatability, II.C.5.1
~ of the content of the disclosure, I.C.3.11
~ without undue burden, II.C.5.6
Chemical compounds, II.C.5.6.9
Experiments, II.C.5.6.7
Trials and error, II.C.5.7
Variants, II.C.5.3
~ for apportionment of costs, IV.C.7.3.1
~ for examination, IV.B.1.2
~ and language privilege, III.F.5.2
~ for oral proceedings, III.C.2
Auxiliary ~, III.C.2.5
Further oral proceedings before the same department, III.C.2.4
Oral proceedings in further prosecution proceedings, III.C.2.7
Withdrawal of ~, III.C.2.3
Wording of ~, III.C.2.2
~s, III.I
Admissibility of ~, III.I.2
Admissibility of ~ for re-establishment of rights, III.E.3
Binding effect of ~, IV.E.3.1
Equity of a different apportionment of costs - late submission of ~, IV.C.7.2.1
Number of auxiliary ~, IV.E.4.4.9
Order of ~, III.I.1
Procedural treatment of ~ for re-establishment, III.E.5
Refusal of ~, III.I.3
~ in appeal procedure, III.I.7
~ in opposition procedure, III.I.6
~ of equal ranking, III.I.2.2
~s in examination procedure, III.I.4
Rejection of auxiliary request by examining division, III.I.4.1
Res judicata and divisional applications, II.F.1.4.3
Response to objections - amended claims, IV.E.4.4.3
Resubmission of amended claims withdrawn, IV.E.4.3.2.c, IV.E.4.3.3.c
Amended claims not examined at first instance, IV.E.4.3.2.c, IV.E.4.3.3.c
Return of filed evidence, III.G.3.4
Reversal of procedural steps - inventive step, I.D.9.18.2
Review of first-instance discretionary decisions - appeal procedure, IV.E.3.6
Revocation, IV.C.5
Appeal by patentee against ~, IV.E.3.2.1.c
~ of a European patent by way of a decision, IV.D.7.1
~ to a decision - notification of loss of rights, III.K.1
Formalities officers, III.K.1.3
Right to a decision under Rule 112(2) EPC, III.K.1.4
~ to be heard, III.B, III.B.1, IV.D.5.4
Comparative experiments, III.B.1.3.3
Evidence, III.G.3.3
Grounds or evidence under Article 113(1) EPC, III.B.1.2
Hearing witnesses, III.B.1.3.8
Invitation to file observations in opposition procedure, IV.D.5.4.2
New claims in oral proceedings, III.B.2.1.1
New documents in oral proceedings, III.B.2.1
Offer to submit evidence, III.B.1.3.2
Opportunity to present comments in opposition procedure, IV.D.5.4.5
Opportunity to reply in opposition procedure, IV.D.5.4.4
Opportunity to respond to summons, III.B.1.3.4
Oral submissions in languages other than the language of proceedings, III.B.1.3.10
Principle of equal treatment in opposition procedure, IV.D.5.4.1
Refusal after single communication, III.B.1.4.3
Reimbursement of appeal fees, IV.E.8.3.3
~ in case of changes after oral proceedings, III.B.2.2
Scope of the ~, III.B.1.1
Statement of grounds not received by respondent, III.B.1.3.13
Text submitted or agreed by applicant or patent proprietor, III.B.3
Timing of decisions, III.B.1.4
~ to be heard in case of the non-attendance at oral proceedings, III.B.2.3
~ to be heard in oral proceedings, III.B.2
New documents in oral proceedings, III.B.2.1
Right to be heard in case of changes after oral proceedings, III.B.2.2
~ to file divisional applications, II.F.2.1
~ to file request for re-establishment of rights, III.E.1
~ to have comments considered, III.K.4.4
~ to oral proceedings, III.C.1
Obligation to attend oral proceedings, III.C.1.1.3
Oral proceedings before the Receiving Section, III.C.1.2
~ after a communication in examination procedure, III.C.1.1.2.a
Right to telephone conversation, III.C.1.1.2.c
~ to present comments and non-attendance at oral proceedings, III.C.3.1
~s of use, III.E.6
Rules of Procedure of the Boards of Appeal 
Amended claims in appeal proceedings, IV.E.4.1.2
Power to amend, VII.2
~ and late submission, IV.C.1.4.1
Complexity of new subject-matter and late submission, IV.C.1.4.1.b
Exercise of discretion of the boards of appeal and late submission, IV.C.1.4.1.a
Principle of procedural economy, IV.C.1.4.1.c