9.5.15 Referral pending before Enlarged Board

Where a decision of the examining division depended entirely on the outcome of proceedings before the Enlarged Board of Appeal on a legal question or point of law raised under Art. 112 EPC 1973 ‒ and this was known to the examining division ‒ the further examination of the application had to be suspended until the matter had been decided by the Enlarged Board of Appeal. Failure to do so amounted to a substantial procedural violation under R. 67 EPC 1973 (T 166/84, OJ 1984, 489). See also chapter V.B.2.5.3 "Stay of first instance proceedings following a referral".

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