|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|
|IPC class:||G11B 7/00|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||-|
|Opponent name:||N.V. Philips|
|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:||
|Keywords:||Allegation of suspected partiality against examiner in Opposition Div.
Whether appeal lies on the ground
Referral to Enlarged Board
Date retrieved: 30 December 2018