BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by Boards of Appeal
I. In decision T 580/89 dated 29 August 1991, Technical Board of Appeal 3.3.3 referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
1. Does 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 depend 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 is in the affirmative, are there any exceptions to such dependence?
The case is pending under Ref. No. G 9/91.
II. The point of law referred to the Enlarged Board of Appeal by the President of the European Patent Office and pending under Ref. No. G 3/89 (see OJ EPO 1991, 20) has also been referred to it under Article 112(1)(a) EPC by Technical Board of Appeal 3.3.2 in decision T 184/91 dated 25 October 1991.
The case is pending under Ref. No. G 11/91.
III. In accordance with Article 112(1)(a) EPC, Technical Board of Appeal 3.2.4 has referred the following point of law to the Enlarged Board of Appeal in decision T 586/88 dated 22 November 1991:
If an EPO Examining or Opposition Division gives its decision not at the end of oral proceedings but after written proceedings or proceedings conducted in writing following oral proceedings, at what point is its internal decision-making process concluded?
The case is pending under Ref. No. G 12/91.