G 0002/90 (Responsibility of the Legal Board of Appeal) of 04.08.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:G000290.19910804
- Date of decision
- 4 August 1991
- Case number
- G 0002/90
- Petition for review of
- T 0272/90 1990-08-06
- Application number
- 82201018.7
- IPC class
- F16C 9/04
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Kolbenschmidt
- Opponent name
- Glyco-Metall-Werke
- Board
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- Headnote
1. Under Article 21(3)(c) EPC, the Legal Board of Appeal is competent only to hear appeals against decisions taken by an Examining Division consisting of fewer than four members when the decision does not concern the refusal of a European patent application or the grant of a European patent. In all other cases, i.e. those covered by Article 21(3)(a), (3)(b) and (4) EPC, the Technical Board of Appeal is competent.
2. The provisions relating to competence in Article 21(3) and (4) EPC are not affected by Rule 9(3) EPC.
- Relevant legal provisions
- European Patent Convention Art 21 1973European Patent Convention R 9(3) 1973
- Keywords
- Responsibility of the Legal Board of Appeal
Appeals against decisions of the formalities officer - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
The point of law referred to the Enlarged Board of Appeal is to be answered as follows:
1. Under Article 21(3)(c) EPC, the Legal Board of Appeal is competent only to hear appeals against decisions taken by an Examining Division consisting of fewer than four members when the decision does not concern the refusal of a European patent application or the grant of a European patent. In all other cases, i.e. those covered by Article 21(3)(a), (3)(b) and (4) EPC, the Technical Board of Appeal is competent.
2. The provisions relating to competence in Article 21(3) and (4) EPC are not affected by Rule 9(3) EPC.