BOARDS OF APPEAL
Decisions of the Enlarged Board of Appeal
Referral by the President of the European Patent Office
To ensure uniform application of the law in view of diverging decisions of two boards of appeal (T 1062/99 dated 4 May 2000 and T 295/01 dated 7 September 2001, OJ EPO 2002, 251), the President of the European Patent Office decided, on 3 July 2002, under Article 112(1)(b) EPC to refer the following points of law concerning the notice dated 28 April 1999 from the Vice-President of Directorate-General 2 of the EPO on the "entrustment to formalities officers of certain duties normally the responsibility of the Opposition Divisions of the EPO" (OJ EPO 1999, 506) to the Enlarged Board of Appeal:
(Translation)
1. Does the stipulation under point 6 of this notice contravene provisions of a higher rank?
2. Does the stipulation under point 4 of this notice contravene provisions of a higher rank?
The case is pending under Ref. No. G 1/02.