ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
DECISION of the Administrative Council of the European Patent Organisation of 24 February 1978 concerning the inclusion of a new Rule 106a in the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
HAVING REGARD to the European Patent Convention (hereinafter referred to as "the Convention"), and in particular Article 33, paragraph 1 (b) thereof,
ON A PROPOSAL FROM THE PRESIDENT OF THE EUROPEAN PATENT OFFICE -
WHEREAS the authority provided for in Rule 10, paragraph 2, of the Implementing Regulations to the Convention (hereinafter referred to as "the Implementing Regulations") must be set up as soon as one of the Boards of Appeal has been formed -
HAS DECIDED AS FOLLOWS:
Article 1
The following new Rule106a shall be included in the Implementing Regulations:
"Rule 106a
Authority referred to in Rule 10, paragraph 2 during a transitional period Until such time as the Vice-President responsible for appeals has been appointed and until more than one Board of Appeal has been set up, the authority referred to in Rule 10, paragraph 2, shall be established as follows:
(a) Where the Vice-President responsible for appeals has not yet been appointed and only one Board of Appeal has been set up, the authority shall consist of the President of the European Patent Office, who shall act as Chairman, the Chairman of the Board of Appeal which has already been set up and three other members of the Board of Appeal elected by the full membership of the Board for the working year in question.
(b) Where the Vice-President responsible for appeals has not yet been appointed, the authority shall consist of the President of the European Patent Office, who shall act as Chairman, the Chairman of the Boards of Appeal and three other members of the Boards of Appeal elected by the full membership of the Boards for the working year in question.
(c) Where only one Board of Appeal has been set up, the authority shall consist of the President of the European Patent Office, who shall act as Chairman, the Vice- President responsible for appeals, the Chairman of the Board of Appeal which has already been set up and three other members of the Board of Appeal elected by the full membership of the Board for the working year in question.
(d) In all the cases referred to in subparagraphs (a), (b) and (c), this authority may only take a decision if at least four of its members are present: these must include the President or a Vice-President of the European Patent Office and a Chairman of a Board of Appeal."
Article 2
The President of the European Patent Office shall forward a certified copy of this Decision to all signatory States to the Convention and to the States which accede thereto.
Article 3
This Decision shall enter into force on 24 February 1978.
DONE at Munich, 24 February 1978.
For the Administrative Council
The Chairman
Georges Vianès