|European Case Law Identifier:||ECLI:EP:BA:2006:G000105.20061207|
|Date of decision:||07 December 2006|
|Case number:||G 0001/05|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||XXX|
|Headnote:||I. If a member of a Board of Appeal in a notice of withdrawal gives a ground which may by its nature constitute a possible ground for an objection of partiality that ground should normally be respected by the decision on replacement of the Board member concerned (Reasons, point 7).
II. As regards proceedings before the Enlarged Board of Appeal and unless there are specific circumstances throwing doubt on the Board member's ability to approach the parties' submissions with an open mind on a later occasion there cannot be any objectively justified, i.e. reasonable suspicion of partiality against a member of the Enlarged Board of Appeal within the meaning of Article 24(3), first sentence, EPC for the reason that a position on the matter was adopted in a prior decision of a Board of Appeal in which the Board member concerned had participated (Reasons, point 27).
|Relevant legal provisions:||
|Keywords:||Notice of withdrawal under Article 24(2) EPC - requirements for replacement of a member of the Enlarged Board of Appeal - Suspicion of partiality against a member of the Enlarged Board of Appeal - merely based on participation of that member in a prior decision of a Board of Appeal having taken a position on the matter - suspicion not justified on an objective basis|
Date retrieved: 30 December 2018
93 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO SE 4/2016, p249 - Notice from the European Patent Office dated 18 October 2013 concerning the filing of sequence listings
XOJ EPO 2016, A87 - Interlocutory decision of Technical Board of Appeal 3.3.06 dated 17 July 2015 - T 557/13