BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by boards 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?
The case is pending as G 3/04.