3. Stay of proceedings when a referral to the Enlarged Board of Appeal is pending 

Where a referral to the Enlarged Board of Appeal is pending and the outcome of examination or opposition proceedings depends entirely on the answer to the referred questions, the proceedings may be stayed by the examining or opposition division on its own initiative or at the request of a party or the parties.

The party or parties will be informed of the intention to stay the proceedings. If they do not reply, or if the they explicitly agree, the proceedings will be stayed and they will be informed accordingly. If the party or parties do not agree in writing with the intention to stay, and if the examining or opposition division maintains its opinion, a decision to stay will be dispatched. A decision staying the proceedings or refusing a request to stay them is not separately appealable; it can only be appealed together with the final decision on the application/patent (see E‑X, 3E‑IX, 3).

During the stay of proceedings, a PACE request will have no effect. After proceedings have resumed, they are accelerated again. Where the proceedings are not stayed, they will be decided according to existing practice.

Staying proceedings because they depend on a referral to the Enlarged Board of Appeal is to be distinguished from staying them under Rule 14 (see E‑VII, 2).