T 0261/88 (Appealable decision) of 28.3.1991

European Case Law Identifier: ECLI:EP:BA:1991:T026188.19910328
Date of decision: 28 March 1991
Case number: T 0261/88
Decision of the Enlarged Board of Appeal: G 0005/91
Application number: 81201022.1
IPC class: G11B 7/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 689.696K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Unpublished v2 | Published
Title of application: -
Applicant name: Discovision
Opponent name: N.V. Philips
Board: 3.5.02
Headnote: The following questions concerning important points of law shall be referred to the Enlarged Board of Appeal:
I. Following a decision of the director of the directorate to which the Opposition Division administratively belongs, in reply to and overruling an objection by a party to opposition proceedings to a member of the Opposition Division appointed to decide upon a particular case, the objection being on the ground that the member is suspected of partiality, does an appeal lie to the Board of Appeal against such decision?
II. If the answer to question (1) is yes:
(a) In deciding the question of partiality, do the same considerations apply to a member of an Opposition Division as to a member of a Board of Appeal under Article 24 EPC?
(b) In the present case, what was the effective date of the decision from which the time limit for filing an appeal is to be calculated?
III. In the present case, do the appellant's objections on the ground of an alleged partiality of a member of the Opposition Division constitute valid grounds of appeal?
Relevant legal provisions:
European Patent Convention 1973 Art 24
European Patent Convention 1973 Art 125
European Patent Convention 1973 Art 112(1)(a)
Keywords: Allegation of suspected partiality against examiner in Opposition Div.
Whether appeal lies on the ground
Referral to Enlarged Board


Cited decisions:
Citing decisions:
G 0001/05
T 0433/93
T 0377/95
T 1028/96
T 0954/98
T 0985/01
T 1021/01
T 1193/02
T 0190/03
T 0281/03
T 0283/03
T 0572/03
T 1257/14
T 0049/15
T 1824/15

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