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The European Patent Convention

 
 

Article 111[ 122 ]
Decision in respect of appeals

(1)
Following the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution. 
(2)
If the Board of Appeal remits the case for further prosecution to the department whose decision was appealed, that department shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. If the decision under appeal was taken by the Receiving Section, the Examining Division shall also be bound by the ratio decidendi of the Board of Appeal. 
 
See decisions of the Enlarged Board of Appeal G 9/92, G 10/93, G 3/03 (Annex I).
References

Art. 112a
R. 100-103, 111, 140