G 0001/11 (Non-refund of further search fees/BAUER) of 19.03.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:G000111.20140319
- Date of decision
- 19 March 2014
- Case number
- G 0001/11
- Online on
- 21 March 2014
- Petition for review of
- -
- Application number
- 07001768.6
- IPC class
- E02D 17/13
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Bodenabtragsvorrichtung
- Applicant name
- BAUER Maschinen GmbH
- Opponent name
- -
- Board
- -
- Headnote
A technical board of appeal is competent to hear an appeal against an EPO examining division's decision taken separately from its decision granting a patent or refusing the application not to refund search fees under Rule 64(2) EPC.
- Relevant legal provisions
- European Patent Convention Art 17European Patent Convention Art 21(2)European Patent Convention Art 21(3)European Patent Convention Art 21(4)European Patent Convention Art 82European Patent Convention Art 112(1)(a)European Patent Convention R 44European Patent Convention R 64(2)European Patent Convention R 112(2)European Patent Convention Art 154(3) 1973European Patent Convention R 46(2) 1973European Patent Convention R 9(3) 1973Vienna Convention on the Law of Treaties (1969) Art 31Vienna Convention on the Law of Treaties (1969) Art 32
- Keywords
- Appeal against decision of examining division refusing request for refund of search fees under Rule 64(2) EPC Competence of technical board of appeal
- Catchword
- -
Order
For these reasons it is decided that:
The question referred to the Enlarged Board of Appeal is answered as follows:
A technical board of appeal is competent to hear an appeal against an examining division's decision taken separately from its decision granting a patent or refusing the application not to refund search fees under Rule 64(2) EPC.