BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards of appeal
I. In decision J 11/94 dated 22 September and 17 November 1994, Legal Board of Appeal 3.1.1 referred the following point of law to the Enlarged Board of Appeal under Article 112(1) (a) EPC:
(Translation)
1. May a board of appeal exercise discretion in deciding whether or not a person not entitled under Article 134 (1) and (7) EPC to represent parties to proceedings before the EPO may make submissions during oral proceedings in addition to the pleadings by the professional representative?
2. If the answer to question 1 is "yes":
(a) What criteria must the board observe when exercising this discretion?
(b) Do special criteria apply to former board of appeal members?
The case is pending under Ref. No. G 2/94.
II. In decision T 937/91 dated 10 November 1994, Tecnical Board of Appeal 3.2.5 referred the following point of law to the Enlarged Board of Appeal under Article 112 (1) (a) EPC:
(Official text)
In a case where a patent has been opposed on the basis of Article 100 (a) EPC, but the opposition has only been substantiated on the grounds of lack of novelty and inventive step pursuant to Articles 54 and 56 EPC, can a board of appeal introduce the ground that the subject-matter of the claims does not meet the conditions of Article 52 (2) EPC of its own motion into the proceedings?
The case is pending under Ref. No. G 1/95.