G 0005/91 (Appealable decision) of 05.05.1992

European Case Law Identifier

ECLI:EP:BA:1992:G000591.19920505

Date of decision

5 May 1992

Case number

G 0005/91

Petition for review of

T 0261/88 1991-03-28

Application number

81201022.1

IPC class

G11B 7/00

Language of proceedings

English

Distribution

Published in the EPO's Official Journal (A)

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Decision in English

OJ versions

Other decisions for this case

Abstracts for this decision

Application title

Applicant name

Discovision

Opponent name

Philips Gloeilampenfabrieken

Board

Headnote

1. Although Article 24 EPC applies only to members of the Boards of Appeal and of the Enlarged Board of Appeal, the requirement of impartiality applies in principle also to employees of the departments of the first instance of the EPO taking part in decision-making activities affecting the rights of any party.

2. There is no legal basis under the EPC for any separate appeal against an order of a director of a department of the first instance such as an Opposition Division rejecting an objection to a member of the division on the ground of suspected partiality. However, the composition of the Opposition Division may be challenged on such a ground of appeal against the final decision of the division or against an interlocutory decision under Article 106(3) EPC allowing separate appeal.

Relevant legal provisions

European Patent Convention Art 19(2) 1973 European Patent Convention Art 24 1973

Keywords

Suspected partiality of a member of an Opposition Division - ground of appeal?

Catchword

Cited cases

Citing cases

G 0004/93 G 0001/05 G 0002/08 R 0002/14 J 0009/99 J 0015/08 T 0261/88 T 0143/91 T 0433/93 T 0850/96 T 1028/96 T 1221/97 T 0954/98 T 0985/01 T 1021/01 T 0068/02 T 0400/02 T 0838/02 T 0900/02 T 1193/02 T 0190/03 T 0281/03 T 0283/03 T 0389/03 T 0572/03 T 0095/04 T 0479/04 T 1178/04 T 1055/05 T 0990/06 T 1020/06 T 0285/11 T 1254/11 T 1677/11 T 0355/13 T 0049/15 T 0710/15 T 1647/15 T 2175/15 T 2440/16 T 0568/17 T 2475/17 T 1354/18 T 0727/19 T 0466/20 T 1967/20 T 1677/21 T 2274/22 T 0749/23 T 1876/23

ORDER

For these reasons it is decided that:

The questions referred to the Enlarged Board of Appeal in the present case are to be answered as follows:

2. There is no legal basis under the EPC for any separate appeal against an order of a director of a department of the first instance such as an Opposition Division rejecting an objection to a member of the division on the ground of suspected partiality. However, the composition of the Opposition Division may be challenged on such a ground on appeal against the final decision of the division or against any interlocutory decision under Article 106(3) EPC allowing separate appeal.