T 0276/93 (Applicability of Rule 71(a) EPC to the Boards of Appeal) of 15.09.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T027693.19950915
- Date of decision
- 15 September 1995
- Case number
- T 0276/93
- Online on
- 31 July 1998
- Petition for review of
- -
- Application number
- 86302328.9
- IPC class
- C08L 25/12
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- Other decisions for this case
- T 0276/93 1998-02-25
- Abstracts for this decision
- -
- Application title
- Preparation of thermoformed plastics articles
- Applicant name
- GE Chemicals
- Opponent name
- Bayer Leverkusen
- Board
- 3.3.03
- Headnote
The following questions of law shall be referred to the Enlarged Board of Appeal pursuant to Article 112(1)(a) EPC:
I. Does it lie within the general powers of the Administrative Council pursuant to Article 33(1)(b) EPC to change an existing rule of procedure of the Boards of Appeal which it had already enacted pursuant to special powers under Article 23(4)?
II. If the answer to the above question is "yes" to what extent, if any, does Article 23(3) EPC limit the changes which the Administrative Council may so enact?
- Relevant legal provisions
- European Patent Convention Art 164(2) 1973European Patent Convention Art 23(3) 1973European Patent Convention Art 23(4) 1973European Patent Convention Art 33(1)(b) 1973European Patent Convention R 10 1973European Patent Convention R 11 1973European Patent Convention R 71a 1973Rules of procedure of the Boards of Appeal Art 11(2)
- Keywords
- Applicability of Rule 71(a) EPC to the Boards of Appeal
- Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
The following questions of law shall be referred to the Enlarged Board of Appeal pursuant to Article 112(1)(a) EPC:
1. Does it lie within the general powers of the Administrative Council pursuant to Article 33(1)(b) EPC to change an existing rule of procedure of the Boards of Appeal which it had already enacted pursuant to special powers under Article 23(4)?
2. If the answer to the above question is "yes" to what extent, if any, does Article 23(3) EPC limit the changes which the Administrative Council may so enact?