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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 decision of the Enlarged Board of Appeal, the proceedings will be stayed only upon request of at least one of the parties. Where the proceedings are not stayed, they will be decided according to existing practice (see OJ EPO 2006, 538).