G 0002/94 (Representation) du 19.02.1996
- Identifiant européen de la jurisprudence
- ECLI:EP:BA:1996:G000294.19960219
- Date de la décision
- 19 février 1996
- Numéro de l'affaire
- G 0002/94
- En ligne le
- 12 mars 1996
- Requête en révision de
- J 0011/94 (Vortrag durch nicht zugelassenen Vertreter) du 17.11.1994
- Numéro de la demande
- 92118493.3
- Classe de la CIB
- E05D 15/526
- Langue de la procédure
- Allemand
- Distribution
- Publiées au Journal officiel de l'OEB (A)
- Téléchargement
- Décision en anglais
- Autres décisions pour cet affaire
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- Résumés pour cette décision
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- Titre de la demande
- Bedienungssperre für Betätigungsgestänge
- Nom du demandeur
- W. Hautau GmbH
- Nom de l'opposant
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- Chambre
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- Sommaire
1. A board of appeal has a discretion to allow an accompanying person (who is not entitled under Article 134(1) or (7) EPC to represent parties to proceedings before the EPO) to make submissions during oral proceedings in ex parte proceedings, in addition to the complete presentation of a party's case by the professional representative.
2. (a) In ex parte proceedings a professional representative should request permission for the making of such oral submissions in advance of the day appointed for oral proceedings. The request should state the name and qualifications of the person for whom permission is requested, and should specify the subject-matter of the proposed oral submissions.
The board of appeal should exercise its discretion in accordance with the circumstances of each individual case. The main criterion to be considered is that the board should be fully informed of all relevant matters before deciding the case. The board should be satisfied that the oral submissions are made by the accompanying person under the continuing responsibility and control of the professional representative.
(b) During either ex parte or inter partes proceedings, a board of appeal should refuse permission for a former member of the boards of appeal to make oral submissions during oral proceedings before it, unless it is completely satisfied that a sufficient period of time has elapsed following termination of such former member's appointment to the boards of appeal, so that the board of appeal could not reasonably be suspected of partiality in deciding the case if it allowed such oral submissions to be made.
A board of appeal should normally refuse permission for a former member of the boards of appeal to make oral submissions during oral proceedings before it, until at least three years have elapsed following termination of the former member's appointment to the boards of appeal. After three years have elapsed, permission should be granted except in very special circumstances.
- Dispositions juridiques pertinentes
- European Patent Convention Art 116 1973European Patent Convention Art 133 1973European Patent Convention Art 134 1973
- Mots-clés
- Oral submissions by an accompanying person in ex parte proceedings
Oral submissions by a former member of the board of appeal in either ex parte or inter partes proceedings - Exergue
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- Affaires citées
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ORDER
For these reasons it is decided that:
1. A board of appeal has a discretion to allow an accompanying person (who is not entitled under Article 134(1) or (7) EPC to represent parties to proceedings before the EPO) to make submissions during oral proceedings in ex parte proceedings, in addition to the complete presentation of a party's case by the professional representative.
2. (a) In ex parte proceedings a professional representative should request permission for the making of such oral submissions in advance of the day appointed for oral proceedings. The request should state the name and qualifications of the person for whom permission is requested, and should specify the subject-matter of the proposed oral submissions.
The board of appeal should exercise its discretion in accordance with the circumstances of each individual case. The main criterion to be considered is that the board should be fully informed of all relevant matters before deciding the case. The board should be satisfied that the oral submissions are made by the accompanying person under the continuing responsibility and control of the professional representative.
2.(b) During either ex parte or inter partes proceedings, a board of appeal should refuse permission for a former member of the boards of appeal to make oral submissions during oral proceedings before it, unless it is completely satisfied that a sufficient period of time has elapsed following termination of such former member's appointment to the board of appeal, so that the board of appeal could not reasonably be suspected of partiality in deciding the case if it allowed such oral submissions to be made.
A board of appeal should normally refuse permission for a former member of the boards of appeal to make oral submissions during oral proceedings before it, until at least three years have elapsed following termination of the former member's appointment to the boards of appeal. After three years have elapsed, permission should be granted except in very special circumstances.