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.
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.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar111.html
Date retrieved: 24 November 2017
194 references found.
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 - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D VI 7.2.3 Request for publishing fee, translations and a formally compliant version of amended text passages
EPO Guidelines - E General Procedural Matters
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO SE 1/2017, p127 - XIV.3 - Regulation on discipline for professional representatives (OJ EPO 1978, 91, OJ EPO 2008, 14)