Rule 104 – Further fundamental procedural defects - The European Patent Convention, Implementing Regulations – to the Convention on the Grant of European Patents, Part VI – Implementing Regulations to Part VI of the Convention, Chapter II – Petitions for review by the Enlarged Board of Appeal

Rule 104
Further fundamental procedural defects

A fundamental procedural defect under Article 112a, paragraph 2(d), may have occurred where the Board of Appeal,
(a)
contrary to Article 116, failed to arrange for the holding of oral proceedings requested by the petitioner, or
(b)
decided on the appeal without deciding on a request relevant to that decision. 
References

Art. 112a

 
Cross-reference list
EPC EPC 1973
R. 104-

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