J 0011/94 (Pleading by person other than an authorised represenative) of 17.11.1994

European Case Law Identifier: ECLI:EP:BA:1994:J001194.19941117
Date of decision: 17 November 1994
Case number: J 0011/94
Decision of the Enlarged Board of Appeal: G 0002/94
Application number: 92118493.3
IPC class: E05D 15/526
Language of proceedings: DE
Distribution:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: W. HAUTAU GMBH
Opponent name: -
Board: 3.1.01
Headnote: I. The following points of law are referred to the Enlarged Board of Appeal:
1. May a board of appeal exercise discretion in deciding whether or not a person not entitled under Article 134(1) and (7) EPC to represent parties to proceedings before the EPO may make submissions during oral proceedings in addition to the pleadings by the professional representative?
2. If the answer to question 1 is "yes": (a) What criteria must the board observe when exercising this discretion?
(b) Do special criteria apply to former board of appeal members?
II. To be effective declarations regarding procedure need to be clear. Ambiguous declarations are ineffective.
Relevant legal provisions:
European Patent Convention 1973 Art 112
European Patent Convention 1973 Art 116
European Patent Convention 1973 Art 133
European Patent Convention 1973 Art 134
Keywords: Pleading by a person other than an authorised professional representative during oral proceedings
Former board of appeal members as participants on the representatives' side
Effectiveness of ambiguous declarations regarding procedure: lack of clarity
Catchwords:

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Cited decisions:
T 0080/84
T 0598/91
T 0843/91
Citing decisions:
J 0016/94
J 0004/96
J 0006/00
J 0004/03
T 0752/93
T 0803/93
T 0961/00
T 0355/03
T 0426/07
T 1086/09

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Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law