BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Communication from the Enlarged Board of Appeal concerning case G 1/09
In accordance with Article 112(1)(a) EPC, Legal Board of Appeal 3.1.01 referred the following point of law to the Enlarged Board of Appeal with interlocutory decision of 27 May 2009 in case J 2/08:
Is an application which has been refused by a decision of the Examining Division thereafter still pending within the mean- ing of Rule 25 EPC 1973 (Rule 36(1) EPC) until the expiry of the time limit for filing a notice of appeal, when no appeal has been filed?
The text of the referral in the English language is available on the Website of the European Patent Office under www.epo.org/patents/appeals/eba-decisions/referrals/pending.html.
The Enlarged Board of Appeal consid- ering the referral will be composed as follows: P. Messerli (Chairman), B. Schachenmann, P. Alting van Geusau, S. Perryman, J. M. Surez Robledano, J.-P. Seitz, R. Young.
Third parties are hereby given the opportunity to file written statements in accordance with Article 10 of the Rules of Procedure of the Enlarged Board of Appeal (OJ EPO 2007, 303 ff) in one of the official languages of the EPO (English, French or German).
To ensure that any such statements can be given due consideration they should be filed together with any new cited documents by the end of October 2009 with the Registry of the Enlarged Board of Appeal, quoting case number G 1/09.