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Section 2 – Organisation of the Boards of Appeal and the Enlarged Board of Appeal

Overview

Rule 1321, 22, 23
Business distribution scheme for the Enlarged Board of Appeal and adoption of its Rules of Procedure

16th edition: this version presents the text in force on 1 July 2020.

(1) 14Before the beginning of each working year, the members of the Enlarged Board of Appeal appointed under Article 11, paragraph 3, shall designate the regular and alternate members of the Enlarged Board of Appeal in proceedings under Article 22, paragraph 1(a) and (b), and the regular and alternate members in proceedings under Article 22, paragraph 1(c). Decisions may only be taken if at least five members are present, including the Chairman of the Enlarged Board of Appeal or his deputy; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes.

(2) The members of the Enlarged Board of Appeal appointed under Article 11, paragraph 3, shall adopt the Rules of Procedure of the Enlarged Board of Appeal.15

(3) Decisions on matters mentioned in paragraphs 1 and 2 may only be taken if at least five members are present, including the Chairman of the Enlarged Board of Appeal or his deputy; in the event of parity of votes, the Chairman or his deputy shall have the casting vote. Abstentions shall not be considered as votes.

21See decision of the Enlarged Board of Appeal G 6/95 (Annex I).Amended by decision of the Administrative Council CA/D 6/16 of 30.06.2016 (OJ EPO 2016, A100), entered into force 01.07.2016.

22See the business distribution scheme of the Enlarged Board of Appeal for the year 2016 (supplementary publication 1, OJ EPO 2016, 2 ff).

23See the Decision of the Enlarged Board of Appeal dated 12.11.2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal (Supplement to OJ EPO 1/2008, 34).

14See the business distribution scheme of the Enlarged Board of Appeal for the year 2013 (Supplement to OJ EPO 1/2013, 2).

15See the Rules of Procedure of the Enlarged Board of Appeal, last amendments approved by decision of the Administrative Council CA/D 15/06 of 07.12.2006 (OJ EPO 2007, 303). See also the Decision of the Enlarged Board of Appeal dated 12.11.2007 concerning the transfer of tasks to the Registry of the Enlarged Board of Appeal (Supplement to OJ EPO 1/2008, 34).

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