BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards of appeal
In decision T 850/95 dated 21 November 1995, 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)
Are appeals from a decision of an examining division refusing a request under Rule 89 EPC for correction of the decision to grant to be decided upon by a technical board of appeal (Article 21(3)(a) and (b) EPC) or by the Legal Board of Appeal (Article 21(3)(c) EPC)?
If the answer depends on the circumstances of the case, who shall decide on the competence?
The case is pending under Ref. No. G 8/951.
1 The order of the Enlarged Board of Appeal is published on page VII.