BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
In case G 4/03 the following points of law have been referred to the Enlarged Board of Appeal:
1) After withdrawal of the sole appeal, may the proceedings be continued for a third who intervened during the appeal proceedings?
2) If the answer to question 1 is yes:
Is entitlement to continue the proceedings conditional on the intervener's compliance with formal requirements extending beyond the explicit criteria for an admissible intervention laid down in Article 105 EPC; in particular, does the appeal fee have to be paid?
Following the withdrawal of the remaining intervention in the referring decision T 1026/98, resulting in the appeal proceedings being terminated, the proceedings before the Enlarged Board of Appeal had also to be terminated.