OJ EPO SE 1/2014, p15 - II.3 Business distribution scheme of the Technical Boards of Appeal for the year 2014 [ 1 ]

The Presidium,

pursuant to Rule 12, paragraph 4, of the Implementing Regulations to the European Patent Convention,

having regard to Article 1, paragraph 1, of the Rules of Procedure of the Boards of Appeal,

hereby adopts the following business distribution scheme:

Article 1

Allocation of appeals to the Technical Boards of Appeal

(1) Appeals shall be allocated to the Boards on the basis of the main classification of the International Patent Classification attributed to the application or patent at the time of filing of the appeal as follows:

Board of Appeal 3.2.01

B60 (exc. C, L, M); B61 (exc. L);

B62 (exc. B, M); B63-64

Board of Appeal 3.2.02

A61 (exc. C, F, K, L, N, Q)

Board of Appeal 3.2.03

B21B; B22;

E01-04, 21, 99;

F21-22; F23 (exc. N); F24-28;

F41 (exc. G); F42

Board of Appeal 3.2.04

A01 (exc. H, K67, N); A21 (exc. D);

A22; A23N; A24 (exc. B15);

A43-45, 47; A62 (exc. D); A63, 99;

F02; F03 (exc. H); F04

Board of Appeal 3.2.05

B29, 31, 41-44; B65H; B99;

D21 (exc. C, H);

F15; F16J-T; F17

Board of Appeal 3.2.06

A41-42, 46; A61F13-17;

B21 (exc. B), 23; B60C; B62B, M;

B66, 68;

C40B60;

D01 (exc. C, F); D02-05;

D06 (exc. L-Q); D07, 99;

F01

Board of Appeal 3.2.07

B02; B03 (exc. D); B04-05;

B07 (exc. C); B08-09, 24-26;

B27 (exc. K); B28, 30;

B65 (exc. H); B67;

C03B; C10B; C13B5, 15; C14B; C23

Board of Appeal 3.2.08

A61C, F (exc. 13-17);

C21, 22, 30;

E05-06;

F16B-H; F99

Board of Appeal 3.3.01

A01N; A61K31 (only appeals filed in 2010 and 50% of the appeals filed in 2011 according to the highest T-number, which were pending on 1.1.2014);

C07 (exc. B, C, H21; K1, 2, 14-19);

C09B, D; C10M; C40B40/00, 40/04, 40/16, 80/00, 99/00; C99

Board of Appeal 3.3.02

A21D; A24B15; A61K31 (excluding appeals filed in 2010 and 50% of the appeals filed in 2011, according to the highest T-number, which were pending on 1.1.2014),

35, 36, 41, 45, 48; C07H21;

C12 (exc. N1-7, 15; Q1/68-3/00);

C13 (exc. B5, 15);

G01N33

Board of Appeal 3.3.03

C08 (exc. J); C40B20/02, 40/12, 40/14

Board of Appeal 3.3.04

A01H; A01K67; A61K38, 39;

C07K1, 2, 14-19

Board of Appeal 3.3.05

A62D; B01 (exc. D3, 15/08-15/42, 53/00-53/24,

61-71; F17; J19-49); B03D; B27K;

C01-02; C03C; C04-06; C25;

C40B40/18;

H01M

Board of Appeal 3.3.06

A61Q19/10; A61K8 (in so far as the supplementary classification is A61Q19/10);

B01D3, 15/08-15/42, 53/00-53/24, 61-71; B01F17; B01J19-49;

C09C; C10 (exc. B, M); C11; C14C;

D01C, F; D06L-Q; D21C, H;

G03C

Board of Appeal 3.3.07

A61K7/00-7/38 (exc. 7/11-7/135);

A61K8 (in so far as the supplementary classification is A61Q1/00-5/04, 5/12-11/02, 15, 90);

A61K6, 9, 33, 47, 49-51, 101-135;

A61Q1/00-5/04, 5/12-11/02, 15, 90

Board of Appeal 3.3.08

C12N1-7, 15; C12Q 1/68-3/00;

C40B10/00, 30/04-30/08, 40/02, 40/06-40/10, 50/06, 50/10, 50/16

Board of Appeal 3.3.09

A23 (exc. N);

B32;

C08J; C09J;

G03F7/00-7/085, 7/42;

G03G9/08-9/135;

H01L51/00, 51/30, 51/46, 51/54;

H01S3/14-3/227

Board of Appeal 3.3.10

A61K7/11-7/135, 7/40-7/48;

A61K8 (in so far as the supplementary classification is A61Q5/06-5/10, 13, 17, 19/00-19/08);

A61L; A61Q5/06-5/10, 13, 17, 19/00-19/08;

C07B, C; C09 (exc. B, C, D, J);

C40B50/00, 50/04, 50/08, 50/12, 50/14, 50/18

Board of Appeal 3.4.01

A61N;

C40B20/08, 30/10;

G01P, R, S, T; G06K; G09 (exc. B, F, G);

G10, 12, 21, 99;

H01P, Q; H05 (exc. B, F, G, K)

Board of Appeal 3.4.02

B81-82;

G01B-N (exc. N33); G01Q; G01W; G02; H05G

Board of Appeal 3.4.03

B06;

C40B20/04, 70/00;

F03H;

G01V; G03 (exc. C, F7/00-7/085, 7/42, G9/08-9/135);

G07 (exc. B); G09B, F, G;

H01C, G, J, L (exc. 51/00, 51/30, 51/46, 51/54),

S (exc. 3/14-3/227);

H05F, K

Board of Appeal 3.5.01

C40B20/00, 20/06, 30/00, 30/02, 50/02;

G06F11, 12, 13, 15, 17/60, G06Q

Board of Appeal 3.5.02

B07C; B60L, M; B61L;

F23N; F41G;

G04; G07B; G08;

H01B, F, H, K, R, T; H02, 03, 99;

H05B

Board of Appeal 3.5.03

G05; H04 (exc. L 1-27, N)

Board of Appeal 3.5.04

G06T; H04N

Board of Appeal 3.5.05

G06F3, 19;

H04L (exc. 29)

Board of Appeal 3.5.06

G06 (exc. F3, 11, 12, 13, 15, 17, 19; K, Q, T)

Board of Appeal 3.5.07

G06F17 (exc.60); G11.

(2) If, because of an uneven development of the workload of the Boards, or for other good reasons, it proves necessary to amend the distribution according to paragraph 1 during the year, the Vice-President in charge of the Boards of Appeal may, in agreement with the Chairmen of the Boards concerned, order it. If agreement cannot be reached, the Presidium shall decide.

(3) If because of the technical content of an appeal it is appropriate to allocate it otherwise than as provided by paragraph 1, the Chairmen of the Boards concerned shall endeavour to reach agreement on the allocation, failing which the Presidium shall decide.

Article 2

Allocation of members to the Technical Boards of Appeal

(1) The members of the individual Technical Boards of Appeal are: [ 2 ]

Board of Appeal 3.2.01

Giovanni Pricolo

(Chairman),

Yves Lemblé*,

Claudio Narcisi,

Hartwich Geuss,

David Keeling

(legally qualified member, 30%),

Winfried Marx,

Peter Guntz

(legally qualified member, 40%)

and Sofía Fernández de Córdoba

(legally qualified member, 30%).

Board of Appeal 3.2.02

Eugène Dufrasne

(Chairman and

legally qualified member, 90%),

Pascal Weber*,

Christoph Körber,

Claude Vallet

(legally qualified member, 10%),

Mario Stern

and David Ceccarelli.

Board of Appeal 3.2.03

Ulrich Krause

(Chairman until 31.3.2014),

Graham Ashley*

(*until 31.3.2014,

Chairman as from 1.4.2014),

Yves Jest,

Kevin Garnett

(legally qualified member, 30%;

until 30.4.2014),

Christopher Donnelly*

(*as from 1.4.2014),

Ingo Beckedorf

(legally qualified member, 40%),

Eleni Kossonakou,

(legally qualified member, 30%),

Vincent Bouyssy

and Martina Blasi

(legally qualified member;

as from 1.5.2014, 30%).

Board of Appeal 3.2.04

Albert de Vries

(Chairman),

Pasquale Petti,

Christian Scheibling*

(until 30.4.2014),

Tamás Bokor

(legally qualified member, 40%),

Christopher Heath

(legally qualified member, 40%),

Erwin Frank*

(*as from 1.5.2014),

Jonathan Wright

and Olga Loizou

(legally qualified member, 20%).

Board of Appeal 3.2.05

Michael Poock

(Chairman),

Martin Vogel

(legally qualified member, 50%),

Henk Schram,

Werner Widmeier

(until 30.4.2014),

Gérard Weiss

(legally qualified member, 40%),

Steven Bridge*,

Philipp Lanz

and Wilhelm Ungler

(legally qualified member, 10%).

Board of Appeal 3.2.06

Michael Harrison

(Chairman),

Richard Menapace

(legally qualified member, 20%;

until 30.4.2014),

Gerhard Kadner*,

Gabriele de Crignis,

Kevin Garnett

(legally qualified member, 10%),

and Wolfgang Sekretaruk

(legally qualified member, 50%),

Thomas Rosenblatt,

Martin Hannam

and Wilhelm Ungler

(legally qualified member, 20%;

as from 1.5.2014: 40%).

Board of Appeal 3.2.07

Hugo Meinders

(Chairman),

Hans-Peter Felgenhauer*

(until 30.9.2014),

Konstantinos Poalas,

Heinrich Hahn,

Ingo Beckedorf

(legally qualified member, 20%),

Claus-Peter Brandt

(legally qualified member, 40%),

Eleni Kossonakou

(legally qualified member, 20%),

Guy Patton,

Olga Loizou

(legally qualified member, 20%)

and Vincenzo Bevilacqua

(as from 1.4.2014).

Board of Appeal 3.2.08

Thomas Kriner

(Chairman),

Rudolph Ries*

(until 31.3.2014),

Ingo Beckedorf*

(legally qualified member, 20%)

(*as from 1.4.2014),

Paola Acton,

Marco Alvazzi Delfrate,

David Keeling

(legally qualified member, 30%),

Christof Schmidt

(legally qualified member, 50%),

Christoph Herberhold

and Matthew Foulger

(as from 1.4.2014).

Board of Appeal 3.3.01

Albert Lindner

(Chairman),

David Rogers

(legally qualified member, 20%),

Theodora Karamanli

(legally qualified member, 20%),

Martin Radke*,

Jean-Bernard Ousset,

Gudrun Seufert,

Lukas Bühler

(legally qualified member, 40%),

Liza Seymour

and Olga Loizou

(legally qualified member, 20%).

Board of Appeal 3.3.02

Ulrich Oswald

(Chairman),

Maria del Carmen Ortega Plaza*,

Herbert Kellner,

Lukas Bühler

(legally qualified member, 30%),

Dorothea Prietzel-Funk

(legally qualified member, 20%),

Robert Cramer

(legally qualified member, 30%),

Katharina Giebeler,

Teresa Sommerfeld

and Sofía Fernández de Córdoba

(legally qualified member, 20%).

Board of Appeal 3.3.03

Bianca ter Laan

(Chairman),

Maxwell Gordon*,

François Rousseau,

Claus-Peter Brandt

(legally qualified member, 50%),

Claude Vallet

(legally qualified member, 20%),

Olivier Dury,

Robert Cramer

(legally qualified member, 30%)

and Damien Marquis.

Board of Appeal 3.3.04

Christopher Rennie-Smith

(Chairman and

legally qualified member, 90%,

until 30.4.2014),

Gabriele Alt*

(*until 30.4.2014,

Chairman as from 1.5.2014),

Marie-Bernadette Tardo-Dino

(legally qualified member, 10%

as from 1.5.2014: 20%),

Kevin Garnett

(legally qualified member, 30%;

as from 1.5.2014),

Bart Claes*

(* as from 1.5.2014),

Renate Morawetz,

Marco Montrone

and Martina Blasi

(legally qualified member,

as from 1.5.2014, 50%).

Board of Appeal 3.3.05

Gaston Raths

(Chairman),

Herbert Engl*,

Jean-Michel Schwaller,

Claude Vallet

(legally qualified member, 30%),

Dorothea Prietzel-Funk

(legally qualified member, 20%),

Peter Guntz

(legally qualified member, 50%),

Guy Glod

and Andreas Haderlein.

Board of Appeal 3.3.06

Bernhard Czech

(Chairman),

Luigi Li Voti*,

Giuseppe Santavicca,

Paolo Ammendola,

Ursula Lokys

(legally qualified member, 60%),

Ernst Bendl,

Jean Geschwind

(legally qualified member, 20%)

and Sofía Fernández de Córdoba

(legally qualified member, 20%).

Board of Appeal 3.3.07

Joseph Riolo

(Chairman),

Marie-Bernadette Tardo-Dino

(legally qualified member, 10%),

Petra Schmitz

(legally qualified member, 50%),

Daniele Semino*,

David Keeling

(legally qualified member, 30%),

Regina Hauss,

Wilhelm Ungler

(legally qualified member, 10%),

Denis Boulois

and Ambrogio Usuelli.

Board of Appeal 3.3.08

Manfred Wieser

(Chairman),

Pere Julià*,

Thierry Mennessier,

Maria Rosario Vega Laso,

Christopher Heath

(legally qualified member, 30%),

David Rogers

(legally qualified member, 40%),

Jean Geschwind

(legally qualified member, 30%)

and Beat Stolz.

Board of Appeal 3.3.09

Werner Sieber

(Chairman),

Richard Menapace

(legally qualified member, 40%;

until 30.4.2014),

Wolfgang Ehrenreich*,

Jesús Jardón Álvarez,

Kevin Garnett

(legally qualified member, 40%)

Nikolaos Perakis,

Fritz Blumer

(legally qualified member, 20%),

Marcus Müller

and Eleni Kossonakou

(legally qualified member, 40%;

as from 1.5.2014).

Board of Appeal 3.3.10

Pascal Gryczka

(Chairman),

Jacqueline Mercey*,

David Rogers

(legally qualified member, 20%),

Jean-Claude Schmid,

Christine Komenda,

Fritz Blumer

(legally qualified member, 40%),

Raquel Pérez Carlón

and Christof Schmidt

(legally qualified member, 40%).

Board of Appeal 3.4.01

Gianni Assi

(Chairman),

Martin Vogel

(legally qualified member, 40%),

Herbert Wolfrum*,

Pascal Fontenay,

Fiona Neumann,

Jean Geschwind

(legally qualified member, 40%),

Christof Schmidt

(legally qualified member, 20%)

and Thomas Zinke.

Board of Appeal 3.4.02

André Klein

(Chairman),

Alphonsus Maaswinkel*,

Francisco Narganes-Quijano,

Bernhard Müller

(legally qualified member, 50%),

David Rogers

(legally qualified member, 30%),

Lukas Bühler

(legally qualified member, 20%),

Hans-Christoph von Gronau

and André Hornung.

Board of Appeal 3.4.03

Gunnar Eliasson

(Chairman),

Peter Mühlens

(legally qualified member, 30%),

Victor Frank*,

Roland Bekkering,

Tamás Bokor

(legally qualified member, 40%),

Theodora Karamanli

(legally qualified member, 30%),

Thomas Häusser

and Seamus Ward.

Board of Appeal 3.5.01

Stefan Wibergh

(Chairman),

Rüdiger Zimmermann*,

William Chandler,

Konrad Bumes,

Petra Schmitz

(legally qualified member, 40%),

Paul Scriven,

Dorothea Prietzel-Funk

(legally qualified member, 40%)

and Sofía Fernández de Córdoba

(legally qualified member, 20%).

Board of Appeal 3.5.02

Marco Ruggiu

(Chairman),

Peter Mühlens

(legally qualified member, 60%),

Gary Flyng,

Richard Lord*,

Michel Léouffre

Wilhelm Ungler,

(legally qualified member, 40%)

and Harald Bronold

(as from 1.4.2014).

Board of Appeal 3.5.03

Fred van der Voort

(Chairman),

Marie-Bernadette Tardo-Dino*

(legally qualified member, 30%),

Armin Madenach,

Theodora Karamanli

(legally qualified member, 20%),

Timothy Snell,

Bernhard Noll,

Robert Cramer

(legally qualified member, 30%),

Klaus Schenkel

and Olga Loizou

(legally qualified member, 20%).

Board of Appeal 3.5.04

Franz Edlinger

(Chairman),

Alain Dumont,

Christian Kunzelmann,

Bernhard Müller*

(legally qualified member, 40%),

Marc Paci,

Theodora Karamanli

(legally qualified member, 30%),

Claude Vallet

(legally qualified member, 30%)

and Rolf Gerdes.

Board of Appeal 3.5.05

Andrea Ritzka

(Chairman),

Gérard Weiss*

(legally qualified member, 40%),

Patrick Corcoran,

Marcus Höhn,

Fritz Blumer

(legally qualified member, 30%),

Philippe Cretaine,

Dorothea Prietzel-Funk

(legally qualified member, 30%)

and Kemal Bengi-Akyuerek.

Board of Appeal 3.5.06

Dai Rees

(Chairman until 30.11.2014),

Marie-Bernadette Tardo-Dino*

(legally qualified member, 40%),

Christopher Heath

(legally qualified member, 30%),

Wolfgang Sekretaruk

(legally qualified member, 30%),

Alan Teale,

Martin Müller,

Georges Zucka

and Stefan Krischer.

Board of Appeal 3.5.07

Rainer Moufang

(Chairman and

legally qualified member, 100%),

Mario Rognoni*,

Paula San-Bento Furtado

and Ronald de Man.

(2) The following legally qualified member is to be designated to participate in protests under the PCT:

Boards of Appeal

3.2.01, 3.2.02, 3.2.03, 3.2.04,

3.2.05, 3.2.06, 3.2.07, 3.2.08,

3.3.01, 3.3.02, 3.3.03, 3.3.04,

3.3.05, 3.3.06, 3.3.07, 3.3.08,

3.3.09, 3.3.10, 3.4.01, 3.4.02,

3.4.03, 3.5.01, 3.5.02, 3.5.03,

3.5.04, 3.5.05, 3.5.06, 3.5.07:

Tamás Bokor.

Article 3

Composition of the board for a particular appeal

(1) On receipt of an appeal by the registry, the Chairman shall determine the composition of the board responsible for deciding it from amongst the Board members.

(2) In determining the composition the Chairman shall in particular take account of the workload of each member and the technical and language requirements of the case.

(3) If the circumstances of the appeal make it necessary, the Chairman may designate a technically qualified member from another Board. In so doing he shall procure the consent of the Chairman of that Board.

(4) If the circumstances of the appeal make it necessary, the Chairman may designate a legally qualified member who is not a member of the Board. The procedure to be followed is laid down in Article 5.

(5) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 3 and 4.

Article 4

Change of composition of a board of appeal

(1) If a member designated pursuant to Article 3 or 4 cannot or can no longer participate in the case, or if a change in the business distribution scheme occasions it, the Chairman shall designate another member of the Board to replace that member, having regard in particular to the criteria indicated in Article 3, paragraph 2.

(2) If a technically qualified member cannot be replaced by another member of the Board, the Chairman shall designate a technically qualified member who is a member of a Board in a neighbouring technical field. In so doing he shall procure the consent of the chairman of that Board and have regard in particular to the criteria indicated in Article 3, paragraph 2.

(3) If a legally qualified member cannot be replaced by another legally qualified member of the Board, the Chairman shall designate a legally qualified member in accordance with Article 5.

(4) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 2 and 3.

Article 5

Designation of legally qualified members who are not members of the Board

(1) The designation of legally qualified members in accordance with Article 3, paragraph 4, and Article 4, paragraph 3, shall proceed in the following order:

(a) in each case, that legally qualified member is called upon whose most recent designation occurred longest ago. For newly appointed legally qualified members the day on which they assumed office shall be regarded as a notional designation. If members rank the same in time they shall be called upon in alphabetical order;

(b) if a legally qualified member resulting from the application of sub-paragraph (a) is prevented from participating, or cannot in the opinion of the Chairman be called upon taking into account the criteria indicated in Article 3, paragraph 2, or when applying Article 7, the next following member according to sub-paragraph (a) shall be called upon.

Article 6

Designation of a replacement member by the Vice-President

If a member of a board cannot be replaced by applying Article 4, the Vice-President in charge of the Boards of Appeal shall designate the replacement member.

Article 7

Composition of the board where a number of appeals are closely linked

Where appeals pending before the Board are closely linked, in particular by involving similar legal or factual questions, the Chairman may order that the board shall decide in the same composition.

Article 8

Transitional provisions

Cases in which before 1 January 2014 a communication has been sent or oral proceedings have been appointed shall not be affected by this business distribution scheme, nor shall those cases individually allocated in transitional provisions of previous business distribution schemes. This provision applies mutatis mutandis if the business distribution scheme is amended during the working year.

Article 9

Term of validity

This business distribution scheme shall apply from 1 January 2014 until 31 December 2014.

Done at Munich on 16 December 2013

For the Presidium

The Chairman

W. VAN DER EIJK

 

[ 1 ] Protests under the PCT are also to be allocated according to this scheme.

[ 2 ] The Chairman's deputy is indicated by an asterisk (*). The percentage indicates the share of the appeals for which the legally qualified member is to be designated.

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