II.3 - Business distribution scheme of the Technical Boards of Appeal for the year 2008 1
The Presidium,
pursuant to Rule 10, paragraph 4, of the Implementing Regulations to the European Patent Convention,
having regard to Article 1 of the Rules of Procedure of the Boards of Appeal,
hereby adopts the following business distribution scheme:
Article 1
Allocation of appeals to the Technical Boards of Appeal
(1) Appeals shall be allocated to the Boards on the basis of the main classification of the International Patent Classification attributed to the application or patent at the time of filing of the appeal as follows:
Board of Appeal 3.2.01
B60 (exc. L, M); B61 (exc. L); B62-64;
F16B-H; F99
Board of Appeal 3.2.02
A61 (exc. F13-17, K, L, N);
C21B, C; C22C
Board of Appeal 3.2.03
B22;
E01-06, 21, 99;
F21-22; F23 (exc. N); F24-28;
F41 (exc. G); F42
Board of Appeal 3.2.04
A01 (exc. H, K67, N); A21 (exc. D); A22; A23N; A24 (exc. B15); A43-45, 47; A62 (exc. D); A63; A99;
F02; F03 (exc. H); F04
Board of Appeal 3.2.05
B29, 31, 41-44; B65H; B99;
D21 (exc. C, H);
F15; F16J-T; F17
Board of Appeal 3.2.06
A41, 42, 46; A61F13-17;
B21, 23, 66, 68;
C40B60;
D01 (exc. C, F); D02-05; D06 (exc. L-Q); D07; D99;
F01
Board of Appeal 3.2.07
B02; B03 (exc. D); B04-05; B07 (exc. C); B08-09, 24-26; B27 (exc. K); B28, 30; B65
(exc. H); B67;
C03B; C10B; C13C; C14B; C21D; C22B, F; C23; C30B
Board of Appeal 3.3.01
A01N;
C07 (exc. B, C, H, K); C09 B, D; C10M; C40B40/00, 40/04, 40/16, 80/00, 99/00; C99
Board of Appeal 3.3.02
A21D; A24B15; A61K (exc. 7, 8, 35-45, 48)
Board of Appeal 3.3.03
C08 (exc. J); C40B20/02, 40/12, 40/14
Board of Appeal 3.3.04
A01H; A01K67; A61K35-45, 48;
C07K; C12 (exc. N); C13 (exc. C)
Board of Appeal 3.3.05
A62D; B01 (exc. D3, 15/08-15/42, 53/00-53/24, 61-71; F17; J19-49);
B03D; B27K;
C01-02; C03C; C04-06; C40B40/18
Board of Appeal 3.3.06
A61K7/50; A61K8 (in so far as the supplementary class is A61Q19/10);
B01D3, 15/08-15/42, 53/00-53/24; B01F17; B01J19;
C09C; C10 (exc. B, M); C11;
D21C, H;
G03C
Board of Appeal 3.3.07
A61K7/00-7/38 (exc. 7/11-7/135); A61K8 (in so far as the supplementary class is A61Q1/00-5/04, 5/12-11/02, 15, 99);
B01D61-71; B01J20-49;
C14C;
D01C, F; D06L-Q
Board of Appeal 3.3.08
C07H; C12N; C40B10/00, 30/04-08, 40/02, 40/06-40/10, 50/06, 50/10, 50/16;
G01N33
Board of Appeal 3.3.09
A23 (exc. N);
B32;
C08J; C09J
Board of Appeal 3.3.10
A61K7/11-7/135, 7/40-7/48; A61K8 (in so far as the supplementary class is A61Q5/06-5/10, 13, 17, 19/00-08); A61L;
C07B, C; C09 (exc. B, C, D, J); C40B50/00, 50/04, 50/08, 50/12, 50/14, 50/18
Board of Appeal 3.4.01
A61N;
C40B20/08, 30/10;
G01P, R, S, T; G06K; G09 (exc. B, F, G); G10, 12, 21, 99;
H01P, Q; H05 (exc. B, F, G, K)
Board of Appeal 3.4.02
B81-82;
G01B-N (exc. N33); G01W; G02;
H05G
Board of Appeal 3.4.03
B06;
C25; C40B20/04, 70/00;
F03H;
G01V; G03 (exc. C); G07 (exc. B); G09B, F, G;
H01C, G, J, L, M, S; H05B, F, K
Board of Appeal 3.5.01
C40B20/00, 20/06, 30/00, 30/02, 50/02;
G06 (exc. F1, 3, 19, K, T)
Board of Appeal 3.5.02
B07C; B60L, M; B61L;
F23N; F41G;
G04; G07B; G08;
H01B, F, H, K, R, T; H02, 03, 99
Board of Appeal 3.5.03
G05;
H04 (exc. L, N)
Board of Appeal 3.5.04
G06T; G11;
H04N
Board of Appeal 3.5.05
G06F1, 3, 19;
H04L.
(2) If, because of an uneven development of the workload of the Boards, or for other good reasons, it proves necessary to amend the distribution according to paragraph 1 during the year, the Vice-President in charge of the Boards of Appeal may, in agreement with the Chairmen of the Boards concerned, order it. If agreement cannot be reached, the Presidium shall decide.
(3) If because of the technical content of an appeal it is appropriate to allocate it otherwise than as provided by paragraph 1, the Chairmen of the Boards concerned shall endeavour to reach agreement on the allocation, failing which the Presidium shall decide.
Article 2
Allocation of members to the Technical Boards of Appeal
(1) The members of the individual Technical Boards of Appeal are: 2
Board of Appeal 3.2.01
Stephen Crane
(Chairman),
John Osborne*,
Stefan Hoffmann
(legally qualified member, 40%),
Gérard Weiss
(legally qualified member, 30%),
Yves Lemblé,
Claudio Narcisi,
Pascal Weber
and Theodora Karamanli
(legally qualified member, 30%).
Board of Appeal 3.2.02
Thomas Kriner
(Chairman),
Michel Noël*,
Domenico Valle,
Rudolph Ries,
Martin Vogel
(legally qualified member, 30%),
Sanjeev Chowdhury,
Alessandra Pignatelli
(legally qualified member, 50%)
and Claude Vallet
(legally qualified member, 20%).
Board of Appeal 3.2.03
Ulrich Krause
(Chairman),
Jean-Pierre Seitz*
(legally qualified member, 30%),
Graham Ashley,
Yves Jest,
Kevin Garnett
(legally qualified member, 40%),
Christopher Donnelly,
Erwin Frank
and Ingo Beckedorf
(legally qualified member, 30%).
Board of Appeal 3.2.04
Michel Ceyte
(Chairman),
Pasquale Petti,
Christian Scheibling*,
Tamás Bokor
(legally qualified member, 50%),
Michael Poock,
Christopher Heath
(legally qualified member, 50%)
and Albert de Vries.
Board of Appeal 3.2.05
Wolfgang Zellhuber
(Chairman),
Paul Michel*,
Martin Vogel
(legally qualified member, 30%),
Christopher Rennie-Smith
(legally qualified member, 20%),
Eugène Lachacinski
(legally qualified member, 50%),
Henk Schram
and Werner Widmeier.
Board of Appeal 3.2.06
Paul Alting van Geusau
(Chairman),
Richard Menapace
(legally qualified member, 40%),
Gerhard Kadner,
Giovanni Pricolo*,
Gabriele de Crignis,
Kevin Garnett
(legally qualified member, 20%),
Wolfgang Sekretaruk
(legally qualified member, 40%)
and Michael Harrison.
Board of Appeal 3.2.07
Hugo Meinders
(Chairman),
Hans-Peter Felgenhauer,
Peter O'Reilly*,
Konstantinos Poalas,
Heinrich Hahn,
Eugène Dufrasne
(legally qualified member, 50%)
and Ingo Beckedorf
(legally qualified member, 50%).
Board of Appeal 3.3.01
Patrick Ranguis
(Chairman),
Jacobus Jonk*,
Richard Menapace
(legally qualified member, 30%),
David Rogers
(legally qualified member, 30%),
Martin Radke,
Claus-Peter Brandt
(legally qualified member, 40%)
and Jean-Bernard Ousset.
Board of Appeal 3.3.02
Ulrich Oswald
(Chairman),
Jean-Pierre Seitz
(legally qualified member, 20%),
Jan van Moer
(legally qualified member, 50%),
Joseph Riolo*,
Peter Mühlens
(legally qualified member, 30%),
Maria del Carmen Ortega Plaza,
Herbert Kellner
and Albert Lindner.
Board of Appeal 3.3.03
Robert Young
(Chairman),
Albrecht Däweritz,
Claude Idez*,
Helene Preglau
(legally qualified member, 30%),
Werner Sieber,
Eugène Dufrasne
(legally qualified member, 40%),
Maxwell Gordon
and Claus-Peter Brandt
(legally qualified member, 30%).
Board of Appeal 3.3.04
Ursula Kinkeldey
(Chairman),
Romolo Gramaglia*,
Manfred Wieser,
Rainer Moufang
(legally qualified member, 70%),
Gabriele Alt,
Bart Claes
and David Rogers
(legally qualified member, 30%).
Board of Appeal 3.3.05
Gaston Raths
(Chairman),
Bernhard Czech*,
Stefan Hoffmann
(legally qualified member, 50%),
Helene Preglau
(legally qualified member, 30%),
Erich Wäckerlin,
Herbert Engl,
Jean-Michel Schwaller
and Claude Vallet
(legally qualified member, 20%).
Board of Appeal 3.3.06
Pieter-Paul Bracke
(Chairman),
Jan van Moer
(legally qualified member, 30%),
Gertrud Dischinger-Höppler*,
Luigi Li Voti,
Paolo Ammendola,
Ursula Tronser
(legally qualified member, 50%)
and Alessandra Pignatelli
(legally qualified member 20%).
Board of Appeal 3.3.07
Steven Perryman
(Chairman and
legally qualified member, 100%),
Bianca ter Laan*,
Giuseppe Santavicca,
Bernward Struif
and François Rousseau.
Board of Appeal 3.3.08
Leonardo Galligani
(Chairman),
Françoise Davison-Brunel*,
Brigitte Günzel
(legally qualified member, 10%),
Christopher Rennie-Smith
(legally qualified member, 40%),
Pere Julià,
Thierry Mennessier,
Maria Rosario Vega Laso,
Christopher Heath
(legally qualified member, 30%)
and Theodora Karamanli
(legally qualified member, 20%).
Board of Appeal 3.3.09
Peter Kitzmantel
(Chairman),
Anh-Thu Liu*,
Marie-Bernadette Tardo-Dino
(legally qualified member, 40%),
Wolfgang Ehrenreich,
Jesus Jardon Alvarez,
Kevin Garnett
(legally qualified member, 20%),
Wolfgang Sekretaruk
(legally qualified member, 40%)
and Nikolaos Perakis.
Board of Appeal 3.3.10
Reinhard Freimuth
(Chairman),
Jean-Pierre Seitz
(legally qualified member, 40%),
Pascal Gryczka*,
Jacqueline Mercey,
David Rogers
(legally qualified member, 60%),
Jean-Claude Schmid
and Christine Komenda.
Board of Appeal 3.4.01
Beat Schachenmann
(Chairman and
legally qualified member, 100%),
Gianni Assi*,
Herbert Wolfrum,
Pascal Fontenay
and Fiona Neumann.
Board of Appeal 3.4.02
André Klein
(Chairman),
Michael Rayner*,
Martin Vogel
(legally qualified member, 30%),
Christopher Rennie-Smith
(legally qualified member, 30%),
Alphonsus Maaswinkel,
Michael Stock,
Francisco Narganes-Quijano
and Bernhard Müller
(legally qualified member, 40%).
Board of Appeal 3.4.03
Richard O'Connell
(Chairman),
Jan van Moer
(legally qualified member, 20%),
Gunnar Eliasson*,
Eric Wolff,
Victor Frank,
Roland Bekkering,
Ursula Tronser
(legally qualified member, 40%)
and Tamás Bokor
(legally qualified member, 40%).
Board of Appeal 3.5.01
Stefan Steinbrener
(Chairman),
Rüdiger Zimmermann*,
Stefan Wibergh,
Gérard Weiss
(legally qualified member, 30%),
Alessandra Pignatelli
(legally qualified member, 20%),
William Chandler,
Konrad Bumes
and Petra Schmitz
(legally qualified member, 50%).
Board of Appeal 3.5.02
Marco Ruggiu
(Chairman),
Mario Rognoni*,
Peter Mühlens
(legally qualified member, 50%),
Helene Preglau
(legally qualified member, 20%),
Jean-Michel Cannard,
Eugène Lachacinski
(legally qualified member, 30%)
and Gary Flyng.
Board of Appeal 3.5.03
Alexander Clelland
(Chairman),
Richard Menapace*
(legally qualified member, 20%),
Marie-Bernadette Tardo-Dino
(legally qualified member, 40%),
Rainer Moufang
(legally qualified member, 40%),
Armin Madenach,
Fred van der Voort
and Timothy Snell.
Board of Appeal 3.5.04
Franz Edlinger
(Chairman),
Alain Dumont,
Christian Kunzelmann,
Bernhard Müller*
(legally qualified member, 40%),
Marc Paci,
Alan Teale,
Theodora Karamanli
(legally qualified member, 30%)
and Claude Vallet
(legally qualified member, 30%).
Board of Appeal 3.5.05
Dai Rees
(Chairman),
Andrea Ritzka*,
Gérard Weiss
(legally qualified member, 30%),
Petra Schmitz
(legally qualified member, 70%),
Patrick Corcoran
and Marcus Höhn.
(2) The following legally qualified members are to be designated to participate in protests under the PCT:
Boards of Appeal 3.2.01, 3.2.02, 3.2.03, 3.2.04, 3.2.05, 3.2.06, 3.3.07, 3.5.05:
Stefan Hoffmann;
Boards of Appeal 3.2.07, 3.3.01, 3.3.02, 3.3.03, 3.3.04, 3.3.05, 3.3.06, 3.3.08, 3.3.09, 3.3.10, 3.4.02, 3.4.03, 3.5.01, 3.5.02, 3.5.03, 3.5.04:
Tamás Bokor;
Board of Appeal 3.4.01:
Beat Schachenmann.
Article 3
Composition of the board for a particular appeal
(1) On receipt of an appeal by the registry, the Chairman shall determine the composition of the board responsible for deciding it from amongst the Board members.
(2) In determining the composition the Chairman shall in particular take account of the workload of each member and the technical and language requirements of the case.
(3) If the circumstances of the appeal make it necessary, the Chairman may designate a technically qualified member from another Board. In so doing he shall procure the consent of the Chairman of that Board.
(4) If the circumstances of the appeal make it necessary, the Chairman may designate a legally qualified member who is not a member of the Board. The procedure to be followed is laid down in Article 5.
(5) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 3 and 4.
Article 4
Change of composition of a board of appeal
(1) If a member designated pursuant to Article 3 or 4 cannot or can no longer participate in the case, or if a change in the business distribution scheme occasions it, the Chairman shall designate another member of the Board to replace that member, having regard in particular to the criteria indicated in Article 3, paragraph 2.
(2) If a technically qualified member cannot be replaced by another member of the Board, the Chairman shall designate a technically qualified member who is a member of a Board in a neighbouring technical field. In so doing he shall procure the consent of the chairman of that Board and have regard in particular to the criteria indicated in Article 3, paragraph 2.
(3) If a legally qualified member cannot be replaced by another legally qualified member of the Board, the Chairman shall designate a legally qualified member in accordance with Article 5.
(4) The Vice-President in charge of the Boards of Appeal shall be informed of the application of paragraphs 2 and 3.
Article 5
Designation of legally qualified members who are not members of the Board
(1) The designation of legally qualified members in accordance with Article 3, paragraph 4, and Article 4, paragraph 3, shall proceed in the following order:
(a) in each case, that legally qualified member is called upon whose most recent designation occurred longest ago. For newly appointed legally qualified members the day on which they assumed office shall be regarded as a notional designation. If members rank the same in time they shall be called upon in alphabetical order;
(b) if a legally qualified member resulting from the application of sub-paragraph (a) is prevented from participating, or cannot in the opinion of the Chairman be called upon taking into account the criteria indicated in Article 3, paragraph 2, or when applying Article 7, the next following member according to sub-paragraph (a) shall be called upon.
(2) The Head of Registry shall keep records from which the order according to paragraph 1, sub-paragraph (a), is apparent and shall provide the Chairmen with the necessary information as required.
Article 6
Designation of a replacement member by the Vice-President
If a member of a board cannot be replaced by applying Article 4, the Vice-President in charge of the Boards of Appeal shall designate the replacement member.
Article 7
Composition of the board where a number of appeals are closely linked
Where appeals pending before the Board are closely linked, in particular by involving similar legal or factual questions, the Chairman may order that the board shall decide in the same composition.
Article 8
Transitional provisions
Cases in which before 1 January 2008 a communication has been sent or oral proceedings have been appointed shall not be affected by this business distribution scheme, nor shall those cases individually allocated in transitional provisions of previous business distribution schemes.
This provision applies mutatis mutandis if the business distribution scheme is amended during the working year.
Article 9
Term of validity
This business distribution scheme shall apply from 1 January 2008 until 31 December 2008.
Done at Munich on 12 November 2007
For the Presidium
The Chairman
Peter Messerli