Rule 108
Examination of the petition

(1)
If the petition does not comply with Article 112a, paragraphs 1, 2 or 4, Rule 106 or Rule 107, paragraph 1(b) or 2, the Enlarged Board of Appeal shall reject it as inadmissible, unless any defect has been remedied before the relevant period under Article 112a, paragraph 4, expires.
(2)
If the Enlarged Board of Appeal notes that the petition does not comply with Rule 107, paragraph 1(a), it shall communicate this to the petitioner and shall invite him to remedy the deficiencies noted within a period to be specified. If the deficiencies are not remedied in due time, the Enlarged Board of Appeal shall reject the petition as inadmissible.
If the petition is allowable, the Enlarged Board of Appeal shall set aside the decision of the Board of Appeal and order the re-opening of the proceedings before the Board of Appeal responsible under Rule 12Rule 12b, paragraph 4. The Enlarged Board of Appeal may order that members of the Board of Appeal who participated in taking the decision set aside shall be replaced.
 
Amended by Article 2 of the decision of the Administrative Council CA/D 6/16 of 30.06.2016 (OJ EPO 2016, A100), entered into force 01.07.2016.
Version history +
13.12.2007 - 30.06.2016 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8)
01.07.2016 - 
CA/D 6/16 (OJ EPO 2016, A100)
 
Cross-reference list
EPC EPC 1973
R. 108-

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