A.111 EPC Decision in respect of appeals

(1)
Following the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution. 
(2)
If the Board of Appeal remits the case for further prosecution to the department whose decision was appealed, that department shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. If the decision under appeal was taken by the Receiving Section, the Examining Division shall also be bound by the ratio decidendi of the Board of Appeal. 
 
[ Art. 112a R. 100 103 111 140 ]
See decisions of the Enlarged Board of Appeal G 9/92, G 10/93, G 3/03 (Annex I).

352 references found. Limiting display to 200 references.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

EPO Guidelines Foreword

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - E General Procedural Matters

EPO Guidelines - H Amendments and Corrections

Case Law Book: III Amendments

Case Law Book: V Priority

Case Law of the Enlarged Board

General Case Law