9.2.2 Transitional provisions

The decision of the Administrative Council of 28 June 2001 on the transitional provisions under Article 7 of the Act revising the EPC of 29 November 2000 provides that "Article 112a EPC shall apply to decisions of the Boards of Appeal taken as from the date of its entry into force". Following G 12/91 (OJ 1994, 285), the Enlarged Board in R 5/08 interpreted 'taken' to be the date a decision given orally is pronounced, not the date of notification. A petition based on a decision dated prior to, yet not notified to the parties until after entry into force of the EPC 2000, had therefore to be rejected as inadmissible.

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