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CLR V B 2.5.4 Stay of appeal proceedings following a referral

It follows from Art. 112(3) EPC that the proceedings before the referring board are stayed until the Enlarged Board gives its decision. Proceedings before other boards of appeal may also be stayed.

CLR V B 2.5.3 Stay of first instance proceedings following a referral

CLR V B 2.5.2 Question already pending before the Enlarged Board

CLR V B 2.5.1 Question already decided by the Enlarged Board

Should a board consider it necessary to deviate from an earlier opinion or decision of the Enlarged Board, the question must be referred to the Enlarged Board (Art. 21 RPBA 2007).

CLR V B 2.5 Procedural issues

2.5.1 Question already decided by the Enlarged Board

2.5.2 Question already pending before the Enlarged Board

2.5.3 Stay of first instance proceedings following a referral

CLR V B 2.4.4 Two boards of appeal

CLR V B 2.4.3 Differing decisions

CLR V B 2.4.2 Discretion of the President

CLR V B 2.4.1 General

Under Art. Art. 112(1)(b) EPC, in order to ensure uniform application of the law (see in this chapter V.B.2.3.6) or if a point of law of fundamental importance (see in this chapter V.B.2.3.7) arises, the President of the EPO may refer a point of law to the Enlarged Board "where two boards of appeal haven given different decisions on that question".

CLR V B 2.4 Referral by the President of the EPO

2.4.1 General

2.4.2 Discretion of the President

2.4.3 Differing decisions

2.4.4 Two boards of appeal