BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by Boards of Appeal
I. In decision T 788/90 dated 28 October 1993, Technical Board of Appeal 3.2.2 referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
(Translation)
1. Given the Enlarged Board of Appeal's new interpretation in decision G 9/91 and opinion G 10/91 of the basis for the opposition procedure, can a European patent be opposed by its own proprietor?
2. If so, do the Board of Appeal's powers of review in such a case depend on the extent to which the patent was opposed in the notice of opposition?
The case is pending under Ref. No. G 9/93.
II. In decision T 933/92 dated 6 December 1993, Technical Board of Appeal 3.4.1 referred the following point of law to the Enlarged Board of Appeal under Article 112(1)(a) EPC:
(Translation)
1. In an appeal from a decision of an Examining Division in which one or more specified grounds have been relied upon as grounds for refusal of a European patent application when examining the appeal pursuant to Article 110 EPC, does the Board of Appeal have either the obligation or the power to examine whether the application meets requirements which the Examining Division regarded as having been met, and which therefore have not been relied upon in its decision to refuse the application?
2. If a Board of Appeal does not have such an obligation, but does have such power, in what circumstances should it use such power?
The case is pending under Ref. No. G 10/93.
III. In decision T 169/92 dated 20 December 1993, Technical Board of Appeal 3.3.2 referred the following point of law to the Enlarged Board of Appeal under Article 112(1)a) EPC:
(Official text)
Is an intervention which otherwise complies with the conditions laid down in Article 105 EPC admissible when filed during pending appeal proceedings?
The case is pending under Ref. No. G 1/94.1
1 The same question of law had already been referred to the Enlarged Board of Appeal in decision T 27/92 (see OJ EPO 1993, 705). However, these proceedings under Ref. No. G 6/93 were terminated on 16 December 1993.