|European Case Law Identifier:||ECLI:EP:BA:1992:G000591.19920505|
|Date of decision:||05 May 1992|
|Case number:||G 0005/91|
|IPC class:||G11B 7/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||-|
|Opponent name:||Philips Gloeilampenfabrieken|
|Headnote:||1. Although Article 24 EPC applies only to members of the Boards of Appeal and of the Enlarged Board of Appeal, the requirement of impartiality applies in principle also to employees of the departments of the first instance of the EPO taking part in decision-making activities affecting the rights of any party.
2. There is no legal basis under the EPC for any separate appeal against an order of a director of a department of the first instance such as an Opposition Division rejecting an objection to a member of the division on the ground of suspected partiality. However, the composition of the Opposition Division may be challenged on such a ground of appeal against the final decision of the division or against an interlocutory decision under Article 106(3) EPC allowing separate appeal.
|Relevant legal provisions:||
|Keywords:||Suspected partiality of a member of an Opposition Division - ground of appeal?|
Date retrieved: 30 December 2018