| European Case Law Identifier: | ECLI:EP:BA:2006:G000105.20061207 | ||||||||
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| Date of decision: | 07 December 2006 | ||||||||
| Case number: | G 0001/05 | ||||||||
| Referral: | T 0039/03 | ||||||||
| Application number: | - | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | XXX | ||||||||
| Applicant name: | - | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| 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). |
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| 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 | ||||||||
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Source: https://www.epo.org/law-practice/case-law-appeals/advanced-search.html
Date retrieved: 17 May 2021
133 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 - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - G Patentability
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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
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