Quick Navigation

 

Guidelines for Examination

 
 

3. Stay of proceedings when a referral to the Enlarged Board of Appeal is pending

Where a referral to the Enlarged Board of Appeal is pending and the outcome of examination or opposition proceedings depends entirely on the answer to the questions referred to the Enlarged Board of Appeal, the proceedings may be stayed by the Examining or Opposition Division on its own initiative or on request of a party or the parties. The party/ies will be informed of the stay of proceedings as well as of the continuation of the proceedings after a stay. During the stay of proceedings, a PACE request will have no effect. After their resumption, proceedings may (again) be accelerated (E‑VII, 3.2). Where the proceedings are not stayed, they will be decided according to existing practice.

A stay of proceedings due to dependency on a referral to the Enlarged Board of Appeal is to be distinguished from a stay of proceedings pursuant to Rule 14 (see E‑VI, 2).