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.

In R 19/12 of 12 April 2016 date: 2016-04-12, the Enlarged Board held that although Art. 112a(5) EPC and R. 108(3) EPC did not explicitly provide for setting a decision aside only partially, this possibility followed from general procedural principles (see also R 16/14).

In T 379/10 of 21 September 2015 date: 2015-09-21 the board cited R 21/11, in which it was held that the re-opening of appeal proceedings did not mean that the parties had to be given another opportunity to comment on all the matters in dispute. Rather, proceedings re-opened after a successful petition for review had to be restricted to rectifying the defect found in the review decision.