T 0261/88 (Appealable decision) of 28.03.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T026188.19910328
- Date of decision
- 28 March 1991
- Case number
- T 0261/88
- Petition for review of
- -
- Application number
- 81201022.1
- IPC class
- G11B 7/00
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0261/88 1993-02-16
- Abstracts for this decision
- -
- Application title
- Apparatus and method for writing a signal information track on a disc
- Applicant name
- Discovision
- Opponent name
- N.V. Philips
- Board
- 3.5.02
- Headnote
The following questions concerning important points of law shall be referred to the Enlarged Board of Appeal:
I. Following a decision of the director of the directorate to which the Opposition Division administratively belongs, in reply to and overruling an objection by a party to opposition proceedings to a member of the Opposition Division appointed to decide upon a particular case, the objection being on the ground that the member is suspected of partiality, does an appeal lie to the Board of Appeal against such decision?
II. If the answer to question (1) is yes:
(a) In deciding the question of partiality, do the same considerations apply to a member of an Opposition Division as to a member of a Board of Appeal under Article 24 EPC?
(b) In the present case, what was the effective date of the decision from which the time limit for filing an appeal is to be calculated?
III. In the present case, do the appellant's objections on the ground of an alleged partiality of a member of the Opposition Division constitute valid grounds of appeal?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 125 1973European Patent Convention Art 24 1973
- Keywords
- Allegation of suspected partiality against examiner in Opposition Div.
Whether appeal lies on the ground
Referral to Enlarged Board - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
The following questions concerning important points of law shall be referred to the Enlarged Board of Appeal:
1. Following a decision of the director of the directorate to which the Opposition Division administratively belongs, in reply to and overruling an objection by a party to opposition proceedings to a member of the Opposition Division appointed to decide upon a particular case, the objection being on the ground that the member is suspected of partiality, does an appeal lie to the Board of Appeal against such decision?
2. If the answer to question (1) is yes:
(a) In deciding the question of partiality, do the same considerations apply to a member of an Opposition Division as to a member of a Board of Appeal under Article 24 EPC?
(b) In the present case, what was the effective date of the decision from which the time limit for filing an appeal is to be calculated?
3. In the present case, do the appellant's objections on the ground of an alleged partiality of a member of the Opposition Division constitute valid grounds of appeal?