| European Case Law Identifier: | ECLI:EP:BA:1992:G000591.19920505 | ||||||||
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| Date of decision: | 05 May 1992 | ||||||||
| Case number: | G 0005/91 | ||||||||
| Referral: | T 0261/88 | ||||||||
| Application number: | 81201022.1 | ||||||||
| IPC class: | G11B 7/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Discovision | ||||||||
| Opponent name: | Philips Gloeilampenfabrieken | ||||||||
| Board: | EBA | ||||||||
| 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. |
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| Keywords: | Suspected partiality of a member of an Opposition Division - ground of appeal? | ||||||||
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g910005ex1.html
Date retrieved: 17 May 2021
53 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)