T 0580/89 (Power to examine) of 29.08.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T058089.19910829
- Date of decision
- 29 August 1991
- Case number
- T 0580/89
- Petition for review of
- -
- Application number
- 82305285.7
- IPC class
- C08F 8/32
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- T 0580/89 1993-04-28
- Abstracts for this decision
- -
- Application title
- Anhydride polymers and imide polymers and processes for preparing them
- Applicant name
- Rohm and Haas
- Opponent name
- BASF
- Board
- 3.3.03
- Headnote
The following questions are referred to the Enlarged Board of Appeal:
1. Is the power of an Opposition Division or, by reason of Rule 66(1) EPC, of a Board of Appeal to examine and decide on the maintenance of a European patent under Articles 101 and 102 EPC dependent upon the extent to which the patent is opposed in the Notice of Opposition pursuant to Rule 55(c) EPC?
2. If the answer to the first question should be affirmative, are there any exceptions to such dependence?
- Relevant legal provisions
- European Patent Convention Art 101 1973European Patent Convention Art 102 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 123 1973European Patent Convention R 55(c) 1973European Patent Convention R 66(1) 1973
- Keywords
- Extent of power to examine an opposition
Referral to the Enlarged Board of Appeal - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The following questions are referred to the Enlarged Board of Appeal:
1. Is the power of an Opposition Division or, by reason of Rule 66(1) EPC, of a Board of Appeal to examine and decide on the maintenance of a European patent under Articles 101 and 102 EPC dependent upon the extent to which the patent is opposed in the Notice of Opposition pursuant to Rule 55(c) EPC?
2. If the answer to the first question should be affirmative, are there any exceptions to such dependence?