II.3 - Business distribution scheme of the Technical Boards of Appeal for the year 20121
The Presidium,
pursuant to Rule 12, paragraph 4, of the Implementing Regulations to the European Patent Convention,
having regard to Article 1, paragraph 1, of the Rules of Procedure of the Boards of Appeal,
hereby adopts the following business distribution scheme:
Article 1
Allocation of appeals to the Technical Boards of Appeal
(1) Appeals shall be allocated to the Boards on the basis of the main classification of the International Patent Classification attributed to the application or patent at the time of filing of the appeal as follows:
Board of Appeal 3.2.01
B60 (exc. C, L, M); B61 (exc. L);
B62 (exc. B, M); B63-64
Board of Appeal 3.2.02
A61 (exc. C, F, K, L, N, Q)
Board of Appeal 3.2.03
B22;
E01-04, 21, 99;
F21-22; F23 (exc. N); F24-28;
F41 (exc. G); F42
Board of Appeal 3.2.04
A01 (exc. H, K67, N); A21 (exc. D);
A22; A23N; A24 (exc. B15);
A43-45, 47; A62 (exc. D); A63, 99;
F02; F03 (exc. H); F04
Board of Appeal 3.2.05
B29, 31, 41-44; B65H; B99;
D21 (exc. C, H);
F15; F16J-T; F17
Board of Appeal 3.2.06
A41-42, 46; A61F13-17;
B21, 23; B60C; B62B, M;
B66, 68;
C40B60;
D01 (exc. C, F); D02-05;
D06 (exc. L-Q); D07, 99;
F01
Board of Appeal 3.2.07
B02; B03 (exc. D); B04-05;
B07 (exc. C); B08-09, 24-26;
B27 (exc. K); B28, 30;
B65 (exc. H); B67;
C03B; C10B; C13B5, 15; C14B; C23
Board of Appeal 3.2.08
A61C, F (exc. 13-17);
C21, 22, 30;
E05-06;
F16B-H; F99
Board of Appeal 3.3.01
A01N;
C07 (exc. B, C, H, K); C09B, D;
C10M; C40B40/00, 40/04, 40/16, 80/00, 99/00; C99
Board of Appeal 3.3.02
A21D; A24B15;
A61K (exc. 7, 8, 35-45, 48)
Board of Appeal 3.3.03
C08 (exc. J); C40B20/02, 40/12,
40/14
Board of Appeal 3.3.04
A01H; A01K67; A61K35-45, 48;
C07H, K; C12 (exc. N, Q);
C13 (exc. B5, 15)
Board of Appeal 3.3.05
A62D; B01 (exc. D3, 15/08-15/42,
53/00-53/24, 61-71; F17; J19-49); B03D; B27K;
C01-02; C03C; C04-06; C25;
C40B40/18;
H01M
Board of Appeal 3.3.06
A61K7/50;
A61K8 (in so far as the supplementary
classification is A61Q19/10);
B01D3, 15/08-15/42, 53/00-53/24; B01F17; B01J19;
C09C; C10 (exc. B, M); C11;
D21C, H;
G03C
Board of Appeal 3.3.07
A61K7/00-7/38 (exc. 7/11-7/135);
A61K8 (in so far as the supplementary classification is
A61Q1/00-5/04, 5/12-11/02, 15, 90);
B01D61-71; B01J20-49;
C14C;
D01C, F; D06L-Q
Board of Appeal 3.3.08
C12N, Q; C40B10/00,
30/04-30/08, 40/02, 40/06-40/10,
50/06, 50/10, 50/16;
G01N33
Board of Appeal 3.3.09
A23 (exc. N);
B32;
C08J; C09J;
G03F7/00-7/085, 7/42;
G03G9/08-9/135;
H01L51/00, 51/30, 51/46, 51/54;
H01S3/14-3/227
Board of Appeal 3.3.10
A61K7/11-7/135, 7/40-7/48;
A61K8 (in so far as the supplementary classification is
A61Q5/06-5/10, 13, 17, 19/00-19/08); A61L;
C07B, C; C09 (exc. B, C, D, J);
C40B50/00, 50/04, 50/08, 50/12, 50/14, 50/18
Board of Appeal 3.4.01
A61N;
C40B20/08, 30/10;
G01P, R, S, T; G06K; G09 (exc. B,
F, G); G10, 12, 21, 99;
H01P, Q; H05 (exc. B, F, G, K)
Board of Appeal 3.4.02
B81-82;
G01B-N (exc. N33); G01Q; G01W; G02; H05G
Board of Appeal 3.4.03
B06;
C40B20/04, 70/00;
F03H;
G01V; G03 (exc. C, F7/00-7/085, 7/42, G9/08-9/135);
G07 (exc. B); G09B, F, G;
H01C, G, J, L (exc. 51/00, 51/30, 51/46, 51/54),
S (exc. 3/14-3/227);
H05F, K
Board of Appeal 3.5.01
C40B20/00, 20/06, 30/00, 30/02, 50/02;
G06F17, G06Q
Board of Appeal 3.5.02
B07C; B60L, M; B61L;
F23N; F41G;
G04; G07B; G08;
H01B, F, H, K, R, T; H02, 03, 99;
H05B
Board of Appeal 3.5.03
G05; H04 (exc. L, N)
Board of Appeal 3.5.04
G06T; G11;
H04N
Board of Appeal 3.5.05
G06F3, 19;
H04L
Board of Appeal 3.5.06
G06 (exc. F3, 17, 19; K, Q, T).
(2) If, because of an uneven development of the workload of the Boards, or for other good reasons, it proves necessary to amend the distribution according to paragraph 1 during the year, the Vice-President in charge of the Boards of Appeal may, in agreement with the Chairmen of the Boards concerned, order it. If agreement cannot be reached, the Presidium shall decide.
(3) If because of the technical content of an appeal it is appropriate to allocate it otherwise than as provided by paragraph 1, the Chairmen of the Boards concerned shall endeavour to reach agreement on the allocation, failing which the Presidium shall decide.
Article 2
Allocation of members to the Technical Boards of Appeal
(1) The members of the individual Technical Boards of Appeal are: 2
Board of Appeal 3.2.01
Giovanni Pricolo
(Chairman),
Stefan Hoffmann
(legally qualified member, 40%),
Yves Lemblé*,
Claudio Narcisi,
Theodora Karamanli
(legally qualified member, 30%),
Hartwich Geuss,
David Keeling
(legally qualified member, 30%)
and Winfried Marx.
Board of Appeal 3.2.02
Eugène Dufrasne
(Chairman and
legally qualified member, 100%),
Domenico Valle*,
Pascal Weber,
Christoph Körber
and Mario Stern.
Board of Appeal 3.2.03
Ulrich Krause
(Chairman),
Graham Ashley*,
Yves Jest,
Kevin Garnett
(legally qualified member, 30%),
Christopher Donnelly,
Erwin Frank,
Ingo Beckedorf
(legally qualified member, 70%;
as from 1.3.2012: 40%)
and Eleni Kossonakou
(legally qualified member
as from 1.3.2012, 30%).
Board of Appeal 3.2.04
Michel Ceyte
(Chairman until 31.3.2012),
Albert de Vries
(Chairman as from 1.4.2012),
Pasquale Petti,
Christian Scheibling*,
Tamás Bokor
(legally qualified member, 50%),
Michael Poock
(until 29.2.2012),
Christopher Heath
(legally qualified member, 50%)
and Albert de Vries
(until 31.3.2012).
Board of Appeal 3.2.05
Wolfgang Zellhuber
(Chairman until 29.2.2012),
Michael Poock
(Chairman as from 1.3.2012),
Martin Vogel
(legally qualified member, 50%),
Henk Schram*,
Werner Widmeier,
Gérard Weiss
(legally qualified member, 50%),
Steven Bridge
and Philipp Lanz.
Board of Appeal 3.2.06
Michael Harrison
(Chairman),
Richard Menapace
(legally qualified member, 30%),
Gerhard Kadner*,
Gabriele de Crignis,
Kevin Garnett
(legally qualified member, 20%),
and Wolfgang Sekretaruk
(legally qualified member, 50%)
and Thomas Rosenblatt.
Board of Appeal 3.2.07
Hugo Meinders
(Chairman),
Hans-Peter Felgenhauer*,
Konstantinos Poalas,
Heinrich Hahn,
Ingo Beckedorf
(legally qualified member, 100%;
as from 1.3.2012: 50%)
and Eleni Kossonakou
(legally qualified member
as from 1.3.2012, 50%).
Board of Appeal 3.2.08
Thomas Kriner
(Chairman),
Rudolph Ries*,
Ursula Tronser
(legally qualified member, 30%),
Alessandra Pignatelli
(legally qualified member, 40%;
as from 1.6.2012: 20%),
Paola Acton,
Marco Alvazzi Delfrate,
David Keeling
(legally qualified member, 30%)
and Christof Schmidt
(legally qualified member
as from 1.6.2012, 20%).
Board of Appeal 3.3.01
Patrick Ranguis
(Chairman),
David Rogers
(legally qualified member, 20%),
Martin Radke*,
Claus-Peter Brandt
(legally qualified member, 40%),
Jean-Bernard Ousset,
Gudrun Seufert,
Lukas Bühler
(legally qualified member, 40%)
and Liza Seymour.
Board of Appeal 3.3.02
Ulrich Oswald
(Chairman),
Maria del Carmen Ortega Plaza*,
Herbert Kellner,
Albert Lindner,
Lukas Bühler
(legally qualified member, 30%),
Dorothea Prietzel-Funk
(legally qualified member, 20%),
Robert Cramer
(legally qualified member, 50%)
and Denis Boulois.
Board of Appeal 3.3.03
Bianca ter Laan
(Chairman),
Maxwell Gordon*,
Claus-Peter Brandt
(legally qualified member, 50%),
Claude Vallet
(legally qualified member, 20%),
Olivier Dury,
Robert Cramer
(legally qualified member, 30%)
and Damien Marquis.
Board of Appeal 3.3.04
Christopher Rennie-Smith
(Chairman and
legally qualified member, 100%),
Romolo Gramaglia*,
Gabriele Alt,
Bart Claes
and Renate Morawetz.
Board of Appeal 3.3.05
Gaston Raths
(Chairman),
Bernhard Czech*,
Stefan Hoffmann
(legally qualified member, 50%),
Erich Wäckerlin,
Herbert Engl,
Jean-Michel Schwaller,
Claude Vallet
(legally qualified member, 30%)
and Dorothea Prietzel-Funk
(legally qualified member, 20%).
Board of Appeal 3.3.06
Pieter-Paul Bracke
(Chairman),
Gertrud Dischinger-Höppler*,
Luigi Li Voti,
Paolo Ammendola,
Ursula Tronser
(legally qualified member, 60%),
Ernst Bendl
and Jean Geschwind
(legally qualified member, 40%).
Board of Appeal 3.3.07
Joseph Riolo
(Chairman),
Marie-Bernadette Tardo-Dino
(legally qualified member, 20%),
Giuseppe Santavicca*,
Petra Schmitz
(legally qualified member, 50%),
François Rousseau,
Daniele Semino
and David Keeling
(legally qualified member, 30%).
Board of Appeal 3.3.08
Manfred Wieser
(Chairman),
Pere Julià*,
Thierry Mennessier,
Rainer Moufang
(legally qualified member, 40%),
Maria Rosario Vega Laso,
Christopher Heath
(legally qualified member, 10%),
David Rogers
(legally qualified member, 20%),
Jean Geschwind
(legally qualified member, 30%)
and Beat Stolz.
Board of Appeal 3.3.09
Werner Sieber
(Chairman),
Richard Menapace
(legally qualified member, 40%),
Wolfgang Ehrenreich*,
Jesús Jardón Álvarez,
Kevin Garnett
(legally qualified member, 40%)
Nikolaos Perakis,
Fritz Blumer
(legally qualified member, 20%)
and Marcus Müller.
Board of Appeal 3.3.10
Pascal Gryczka
(Chairman),
Jacqueline Mercey*,
David Rogers
(legally qualified member, 40%;
as from 1.6.2012: 20%),
Jean-Claude Schmid,
Christine Komenda,
Fritz Blumer
(legally qualified member, 60%;
as from 1.6.2012: 40%),
Raquel Pérez Carlón
and Christof Schmidt
(legally qualified member as from 1.6.2012, 40%).
Board of Appeal 3.4.01
Beat Schachenmann
(Chairman and
legally qualified member, 100%,
until 31.1.2012),
Gianni Assi*
(until 31.1.2012)
(Chairman as from 1.2.2012),
Martin Vogel
(legally qualified member as from 1.2.2012, 50%;
as from 1.6.2012: 30%),
Herbert Wolfrum*
(as from 1.2.2012),
Alessandra Pignatelli
(legally qualified member as from 1.2.2012, 30%),
Pascal Fontenay,
Fiona Neumann,
Jean Geschwind
(legally qualified member as from 1.2.2012, 20%)
and Christof Schmidt
(legally qualified member as from 1.6.2012, 20%).
Board of Appeal 3.4.02
André Klein
(Chairman),
Michael Rayner*,
Alphonsus Maaswinkel,
Francisco Narganes-Quijano,
Bernhard Müller
(legally qualified member, 50%),
David Rogers
(legally qualified member, 30%)
and Lukas Bühler
(legally qualified member, 20%).
Board of Appeal 3.4.03
Gunnar Eliasson
(Chairman),
Eric Wolff,
Peter Mühlens
(legally qualified member, 30%),
Victor Frank*,
Roland Bekkering,
Tamás Bokor
(legally qualified member, 40%),
Theodora Karamanli
(legally qualified member, 30%)
and Thomas Häusser.
Board of Appeal 3.5.01
Stefan Wibergh
(Chairman),
Rüdiger Zimmermann*,
William Chandler,
Alessandra Pignatelli
(legally qualified member, 40%),
Konrad Bumes,
Petra Schmitz
(legally qualified member, 40%),
Paul Scriven
and Dorothea Prietzel-Funk
(legally qualified member, 20%).
Board of Appeal 3.5.02
Marco Ruggiu
(Chairman),
Mario Rognoni*,
Peter Mühlens
(legally qualified member, 60%),
Rainer Moufang
(legally qualified member, 40%),
Gary Flyng,
Richard Lord
and Michel Léouffre.
Board of Appeal 3.5.03
Alexander Clelland
(Chairman),
Richard Menapace*
(legally qualified member, 20%),
Marie-Bernadette Tardo-Dino
(legally qualified member, 30%),
Rainer Moufang
(legally qualified member, 50%),
Armin Madenach,
Fred van der Voort,
Timothy Snell
and Bernhard Noll.
Board of Appeal 3.5.04
Franz Edlinger
(Chairman),
Alain Dumont,
Christian Kunzelmann,
Bernhard Müller*
(legally qualified member, 40%),
Marc Paci,
Theodora Karamanli
(legally qualified member, 30%),
Claude Vallet
(legally qualified member, 30%)
and Rolf Gerdes.
Board of Appeal 3.5.05
Andrea Ritzka
(Chairman),
Gérard Weiss*
(legally qualified member, 40%),
Patrick Corcoran,
Marcus Höhn,
Fritz Blumer
(legally qualified member, 30%),
Philippe Cretaine,
Dorothea Prietzel-Funk
(legally qualified member, 30%)
and Kemal Bengi-Akyuerek
(as from 1.2.2012).
Board of Appeal 3.5.06
Dai Rees
(Chairman),
Marie-Bernadette Tardo-Dino*
(legally qualified member, 40%),
Christopher Heath
(legally qualified member, 30%),
Wolfgang Sekretaruk
(legally qualified member, 30%),
Alan Teale,
Martin Müller,
Georges Zucka
and Stefan Krischer.
(2) The following legally qualified members are to be designated to participate in protests under the PCT:
Boards of Appeal
3.2.01, 3.2.02, 3.2.03, 3.2.04,
3.2.05, 3.2.06, 3.2.08, 3.3.07,
3.5.05, 3.5.06:
Stefan Hoffmann;
Boards of Appeal
3.2.07, 3.3.01, 3.3.02, 3.3.03,
3.3.04, 3.3.05, 3.3.06, 3.3.08,
3.3.09, 3.3.10, 3.4.01, 3.4.02,
3.4.03, 3.5.01, 3.5.02, 3.5.03,
3.5.04:
Tamás Bokor.
Article 3
Composition of the board for a particular appeal
(1) On receipt of an appeal by the registry, the Chairman shall determine the composition of the board responsible for deciding it from amongst the Board members.
(2) In determining the composition the Chairman shall in particular take account of the workload of each member and the technical and language requirements of the case.
(3) If the circumstances of the appeal make it necessary, the Chairman may designate a technically qualified member from another Board. In so doing he shall procure the consent of the Chairman of that Board.
(4) If the circumstances of the appeal make it necessary, the Chairman may designate a legally qualified member who is not a member of the Board. The procedure to be followed is laid down in Article 5.
(5) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 3 and 4.
Article 4
Change of composition of a board of appeal
(1) If a member designated pursuant to Article 3 or 4 cannot or can no longer participate in the case, or if a change in the business distribution scheme occasions it, the Chairman shall designate another member of the Board to replace that member, having regard in particular to the criteria indicated in Article 3, paragraph 2.
(2) If a technically qualified member cannot be replaced by another member of the Board, the Chairman shall designate a technically qualified member who is a member of a Board in a neighbouring technical field. In so doing he shall procure the consent of the chairman of that Board and have regard in particular to the criteria indicated in Article 3, paragraph 2.
(3) If a legally qualified member cannot be replaced by another legally qualified member of the Board, the Chairman shall designate a legally qualified member in accordance with Article 5.
(4) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 2 and 3.
Article 5
Designation of legally qualified members who are not members of the Board
(1) The designation of legally qualified members in accordance with Article 3, paragraph 4, and Article 4, paragraph 3, shall proceed in the following order:
(a) in each case, that legally qualified member is called upon whose most recent designation occurred longest ago. For newly appointed legally qualified members the day on which they assumed office shall be regarded as a notional designation. If members rank the same in time they shall be called upon in alphabetical order;
(b) if a legally qualified member resulting from the application of sub-paragraph (a) is prevented from participating, or cannot in the opinion of the Chairman be called upon taking into account the criteria indicated in Article 3, paragraph 2, or when applying Article 7, the next following member according to sub-paragraph (a) shall be called upon.
Article 6
Designation of a replacement member by the Vice-President
If a member of a board cannot be replaced by applying Article 4, the Vice-President in charge of the Boards of Appeal shall designate the replacement member.
Article 7
Composition of the board where a number of appeals are closely linked
Where appeals pending before the Board are closely linked, in particular by involving similar legal or factual questions, the Chairman may order that the board shall decide in the same composition.
Article 8
Transitional provisions
Cases in which before 1 January 2012 a communication has been sent or oral proceedings have been appointed shall not be affected by this business distribution scheme, nor shall those cases individually allocated in transitional provisions of previous business distribution schemes. This provision applies mutatis mutandis if the business distribution scheme is amended during the working year.
Article 9
Term of validity
This business distribution scheme shall apply from 1 January 2012 until 31 December 2012.
Done at Munich on 19 December 2011
For the Presidium
The Chairman
W. VAN DER EIJK