T 0843/91 (Partiality) of 17.03.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T084391.19930317
- Date of decision
- 17 March 1993
- Case number
- T 0843/91
- Petition for review of
- -
- Application number
- 82306197.3
- IPC class
- G03C 7/32
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- T 0843/91 Photographisches Element 1993-08-05T 0843/91 Photographic elements 1993-08-05T 0843/91 Photographic elements 1993-08-05T 0843/91 Elément photographique 1993-08-05
- Abstracts for this decision
- -
- Application title
- Photographic elements containing aryloxy substituted photographic material
- Applicant name
- Kodak
- Opponent name
- Fuji
- Board
- 3.3.01
- Headnote
1. The wording of Article 24 EPC and procedural considerations imply that an objection to the members of a Board of Appeal can only be made in the course of an appeal pending before that Board of Appeal.
2. Article 24(3) EPC states that "members" of a Board of Appeal may be objected to by any party. This implies that objection may be made against each or all the members of that Board.
3. The Boards of Appeal are the final instance and their decisions become final once they have been delivered, with the effect that the appeal proceedings are terminated.
4. In proceedings, partiality would be to willingly favour the party by granting it rights to which it is not entitled or by intentionally disregarding the rights of another party.
5. After the decision has been taken a Board is no longer empowered or competent to take any further action apart from drafting the written decision (apart also Rule 88 EPC). Any further action which in the light of the decision becomes necessary, is the responsibility of the internal administration.
- Relevant legal provisions
- European Patent Convention Art 104 1973European Patent Convention Art 106(1) 1973European Patent Convention Art 108 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 111(2) 1973European Patent Convention Art 117 1973European Patent Convention Art 133 1973European Patent Convention Art 134 1973European Patent Convention Art 21(1) 1973European Patent Convention Art 24 1973European Patent Convention R 67 1973
- Keywords
- All members of a Board of Appeal objected to
New members nominated under Article 24 EPC
Admissibility of the objection (yes)
Suspected partiality (no)
Intervention of an expert common practice of the Boards of Appeal
End of the appeal proceedings
Documents submitted subsequent to the decision
Loss of instance (no)
Rights of a party disregarded (no)
Award of costs (no) - Catchword
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- Cited cases
- -
- Citing cases
- G 0001/97G 0001/05J 0011/94J 0003/95J 0008/98T 0690/91T 0153/93T 0167/93T 0720/93T 0027/94T 0609/94T 0460/95T 0450/97T 0241/98T 0546/98T 0954/98T 0598/01T 0694/01T 0281/03T 0609/03T 1020/06T 1895/06T 0365/09T 1518/11T 2084/11T 2297/11T 0308/14T 1257/14T 0449/15T 2175/15T 1656/17T 2078/17T 0450/18T 0602/18T 2264/18T 2558/18T 0689/19T 0956/19T 1008/19T 1469/20T 0437/21T 2194/22T 1285/23
ORDER
For these reasons it is decided that:
1. The main and auxiliary requests under Article 24 EPC are rejected.
2. The requests of both parties for an award of costs are rejected.