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The Enlarged Board has not yet ruled on a petition for review alleging that a board of appeal included a person not appointed as a board member.

CLR V B 4.1 ‍‍Article 112a(2)(a) EPC – alleged breach of Article 24 EPC

For general information on Art. 24 EPC, see chapter III.J. "Suspected Partiality". The present chapter deals with decisions of the Enlarged Board under Art. 112a(2)(a) EPC.

CLR V B 4 Grounds for petition for review

4.1. ‍‍Article 112a(2)(a) EPC – alleged breach of Article 24 EPC

4.2. ‍‍Article 112a(2)(b) EPC – person not appointed as a board member

4.3. ‍‍Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC

CLR V B 3.13.3 Reimbursement of the fee for petitions for review

In R 21/11 the Enlarged Board stated that the only condition for the fee for a petition for review to be reimbursed under R. 110 EPC is that the proceedings before the board of appeal are re-opened (a reimbursement request is not required).

CLR V B 3.13.2 Replacement of board members

The replacement of board members under R. 108(3) EPC after a petition for review has been held allowable lies in the discretion of the Enlarged Board, to be exercised fairly and proportionately in the light of the facts (R 21/11).

CLR V B 3.13.1 Decision of board of appeal set aside

If the petition is allowable, the Enlarged Board sets aside the decision of the board of appeal and orders the re-opening of the proceedings before the board (R. 108(3) EPC). The limitation of the petition for review to a particular part of the decision (e.g. the non-reimbursement of the appeal fee) is admissible.

CLR V B 3.13 Effects of a successful petition for review

3.13.1 Decision of board of appeal set aside

3.13.2 Replacement of board members

3.13.3 Reimbursement of the fee for petitions for review

CLR V B 3.12 Burden of proof

CLR V B 4.3.1 General

CLR V B 4.3 ‍‍Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC

CLR V B 4.2 ‍‍Article 112a(2)(b) EPC – person not appointed as a board member