Pages 2-27

II. Business distribution 2013¹

II.1 Business distribution scheme of the Enlarged Board of Appeal for the year 2013

The Enlarged Board of Appeal,

having regard to Rule 13, paragraph 1, of the Implementing Regulations to the European Patent Convention,

and to Article 2, paragraph 1, of the Rules of Procedure of the Enlarged Board of Appeal,

hereby decides the following business distribution scheme:

Part I:
General Provisions

Article 1

Members of the Enlarged Board of Appeal

(1) The internal members of the Enlarged Board of Appeal (Article 11(3) EPC) are:

Chairman:

Wim van der Eijk

Legally qualified members:

Ingo Beckedorf

Eugène Dufrasne

Kevin Garnett

Brigitte Günzel

Richard Menapace

Christopher Rennie-Smith

Marie-Bernadette Tardo-Dino

Martin Vogel

Gérard Weiss.

Technically qualified members:

Gianni Assi

Pieter-Paul Bracke

Alexander Clelland

(until 30.4.2013)

Albert de Vries

Franz Edlinger

Gunnar Eliasson

Pascal Gryczka

Michael Harrison

André Klein

Ulrich Krause

Thomas Kriner

Hugo Meinders

Ulrich Oswald

Michael Poock

Giovanni Pricolo

Patrick Ranguis

(until 28.2.2013)

Gaston Raths

Dai Rees

Joseph Riolo

Andrea Ritzka

Marco Ruggiu

Werner Sieber

Bianca ter Laan

Fred van der Voort

(as from 1.5.2013)

Stefan Wibergh

Manfred Wieser.

(2) The legally qualified external members of the Enlarged Board of Appeal (Article 11(5) EPC) are:

Michael Sachs (AT)

Samuel Granata (BE)

Kathrin Klett (CH)

Stelios Nathanael (CY)

Pavel Tůma (CZ)

Jochem Gröning (DE)

Hendrik Rothe (DK)

Kai Härmand (EE)

José M. Suárez Robledano (ES)

Ari Wirén (FI)

Alice Pézard (FR)

Christopher Floyd (GB)

Roderick Murphy (IE)

Gabriella Muscolo (IT)

Stéphanie Vikström (MC)

Robert van Peursem (NL)

Are Stenvik (NO)

Octavia Spineanu-Matei (RO)

Per Carlson (SE)

Ilhami Güneş (TR).

Part II:
Proceedings under article 112 EPC

Article 2

Composition of the Enlarged Board of Appeal in proceedings under Article 112 EPC

(1) Decisions shall be taken by an Enlarged Board of Appeal consisting of seven members, of whom no more than two may have the same nationality.

(a) The regular members shall be:

Chairman:

Wim van der Eijk

Legally qualified members:

Brigitte Günzel

Christopher Rennie-Smith

Richard Menapace

Gérard Weiss

Technically qualified members:

Ulrich Oswald

Alexander Clelland

(until 30.4.2013)

André Klein

(as from 1.5.2013)

(b) replaced as necessary by the following alternates:

Legally qualified members:

Marie-Bernadette Tardo-Dino

Martin Vogel

Kevin Garnett

Ingo Beckedorf

Eugène Dufrasne

Technically qualified members:

André Klein

(until 30.4.2013)

Thomas Kriner

Ulrich Krause

Hugo Meinders

Franz Edlinger

Pieter-Paul Bracke

Marco Ruggiu

Gaston Raths

Patrick Ranguis

(until 28.2.2013)

Dai Rees

Gunnar Eliasson

Stefan Wibergh

Werner Sieber

Andrea Ritzka

Pascal Gryczka

Giovanni Pricolo

Joseph Riolo

Manfred Wieser

Bianca ter Laan

Michael Harrison

Gianni Assi

Michael Poock

Albert de Vries

Fred van der Voort

(as from 1.5.2013).

(2) The substitute for the Chairman shall be one of the legally qualified members in the order listed in paragraph 1(a).

(3) Where a regular member has participated in a case referred to the Enlarged Board of Appeal or in a decision which is the subject of a referral of the President of the European Patent Office, the Chairman shall, after consulting the regular members (paragraph 1(a)), appoint as substitute a member from amongst the alternates (paragraph 1(b)) or an external legally qualified member in accordance with paragraph 5. The same applies if a regular member is prevented from participating.

(4) If a case involving a question of substantive patentability or other points of law having a technical aspect is referred to the Enlarged Board, the Chairman may, after consulting the regular members, designate a technically qualified member with the relevant technical knowledge from amongst the alternates (paragraph 1(b)), as substitute for a technically qualified regular member.

(5) If a case whose scope extends beyond the internal administration of the European Patent Office is referred to the Enlarged Board, the Chairman may, after consulting the regular members, designate one or two legally qualified external members (Article 1(2)) to replace one or two legally qualified regular members.

Article 3

Designation of legally qualified external members

(1) The legally qualified external members shall be called upon in the alphabetical order used by the Administrative Council for listing the Contracting States, provided there is a match between the language of the proceedings and their working language(s).

(2) Newly appointed legally qualified external members will not be called upon until the next round, if at the date of their appointment another member who is further down the list according to Article 1(2) has already been called upon.

(3) Should a legally qualified external member be unavailable, then the next legally qualified external member according to Article 1(2) is to be called upon.

(4) Where an external legally qualified member is unavailable because the language of the proceedings does not correspond to his working languages, he shall be called upon for the next case in his working language under Article 2(5).

Article 4

Composition of the Enlarged Board where a number of referrals are closely linked

Where several referrals pending before the Enlarged Board are closely linked by involving similar points of law, the Chairman may order that the Board shall decide in the same composition. In such a case the composition shall be the same as for the first received referral.

Part III:
Proceedings under article 112a EPC

Article 5

Composition of the Enlarged Board of Appeal in proceedings under Article 112a EPC

Decisions shall be taken by an Enlarged Board consisting of three or five members.

The regular members shall be:

Chairman:

Wim van der Eijk

Legally qualified members:

Brigitte Günzel

Christopher Rennie-Smith

Richard Menapace

Marie-Bernadette Tardo-Dino

Martin Vogel

Kevin Garnett

Gérard Weiss

Ingo Beckedorf

Eugène Dufrasne.

Technically qualified members:

Ulrich Oswald

Alexander Clelland

(until 30.4.2013)

André Klein

Thomas Kriner

Ulrich Krause

Hugo Meinders

Franz Edlinger

Pieter-Paul Bracke

Marco Ruggiu

Gaston Raths

Patrick Ranguis

(until 28.2.2013)

Dai Rees

Gunnar Eliasson

Stefan Wibergh

Werner Sieber

Andrea Ritzka

Pascal Gryczka

Giovanni Pricolo

Joseph Riolo

Manfred Wieser

Bianca ter Laan

Michael Harrison

Gianni Assi

Michael Poock

Albert de Vries

Fred van der Voort

(as from 1.5.2013).

Article 6

Composition of an Enlarged Board consisting of three members

(1) On receipt of a petition for review by the registry, the Chairman shall, from amongst the regular members, determine the composition of the Board which is to examine it pursuant to Rule 109(2)(a) EPC.

(2) Individual cases shall be assigned to the regular members of the Enlarged Board one after another in the order of their listing in Article 5. The Chairman may depart from this order for serious reasons, such as illness, workload, language requirements of the case or, in designating the technically qualified member, the possession of relevant technical expertise. In that event the next member in the order indicated in the first sentence shall be appointed in accordance with the above criteria. A member not appointed on account of the second sentence or of paragraph 3 shall be appointed to the next case in accordance with the above criteria.

(3) If a regular member is excluded under Article 2(5) of the Rules of Procedure of the Enlarged Board of Appeal from taking part in the review proceedings, the Chairman shall appoint another regular member as substitute in accordance with paragraph 2.

(4) The substitute for the Chairman shall be one of the legally qualified regular members listed in Article 5.

Article 7

Composition of an Enlarged Board consisting of five members

(1) Once a petition for review has been submitted, under Article 17 of the Rules of Procedure of the Enlarged Board of Appeal, to a Board composed according to Rule 109(2)(b) EPC, the Chairman shall designate the additional legally qualified members from amongst the regular members in accordance with Article 6(2).

(2) Article 6(3) shall apply mutatis mutandis.

(3) If a case raising fundamental issues of procedural law that extend beyond the internal administration of the European Patent Office is referred to the Enlarged Board, the Chairman may where necessary designate a legally qualified external member (Article 1(2)) to replace a legally qualified regular member in accordance with Article 3.

Article 8

Composition of the Enlarged Board where a number of petitions for review are closely linked

Where several petitions for review pending before the Enlarged Board are closely linked, the Chairman may order that the Board shall decide in the same composition. In such a case the composition for all petitions shall be as for the petition received first.

Article 9

Change of a composition

(1) If the Chairman cannot or can no longer participate in the case to which he has been assigned, he shall be replaced by one of the legally qualified regular members listed in Article 5.

(2) If a member cannot or can no longer participate in the case to which he has been assigned, the Chairman shall designate another member in accordance with Articles 6 and 7.

Part IV:
Final provision

Article 10

Term of validity

This business distribution scheme shall apply from 1 January 2013 until 31 December 2013.

Done at Munich on 14 December 2012

For the Enlarged Board of Appeal

The Chairman

W. VAN DER EIJK

II.2 Business distribution scheme of the Legal Board of Appeal for the year 2013

The Presidium,

pursuant to Rule 12, paragraph 4, of the Implementing Regulations to the European Patent Convention,

having regard to Article 1, paragraph 1, of the Rules of Procedure of the Boards of Appeal, hereby adopts the following business distribution scheme:

Article 1

Members of the Legal Board of Appeal

The Legal Board of Appeal is composed as follows:

Chairman:

Brigitte Günzel

Members:

Martin Vogel2

(¹ as from 1.3.2013)

Richard Menapace

Christopher Rennie-Smith

Peter Mühlens

Marie-Bernadette Tardo-Dino

Stefan Hoffmann¹

(until 28.2.2013)

Gérard Weiss

Ursula Tronser

Rainer Moufang

Eugène Dufrasne

Alessandra Pignatelli

Tamás Bokor

Kevin Garnett

Christopher Heath

Bernhard Müller

David Rogers

Petra Schmitz

Wolfgang Sekretaruk

Theodora Karamanli

Ingo Beckedorf

Claus-Peter Brandt

Claude Vallet

Fritz Blumer

Jean Geschwind

Lukas Bühler

Dorothea Prietzel-Funk

David Keeling

Robert Cramer

Eleni Kossonakou

Christof Schmidt

Wilhelm Ungler

Peter Guntz.

Article 2

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 language requirements of the case.

(3) 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.

(4) If a member cannot or can no longer participate in a case for which he has been designated, the Chairman shall designate another member of the Board to replace that member, having regard in particular to the criteria indicated in paragraph 2.

Article 3

Term of validity

This business distribution scheme shall apply from 1 January 2013 until 31 December 2013.

Done at Munich on 14 December 2012

For the Presidium

The Chairman

W. VAN DER EIJK

II.3 Business distribution scheme of the Technical Boards of Appeal for the year 20133

The Presidium,

pursuant to Rule 12, paragraph 4, of the Implementing Regulations to the European Patent Convention,

having regard to Article 1, paragraph 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. C, L, M); B61 (exc. L);

B62 (exc. B, M); B63-64

Board of Appeal 3.2.02

A61 (exc. C, F, K, L, N, Q)

Board of Appeal 3.2.03

B22;

E01-04, 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, 99;

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; B60C; B62B, M;

B66, 68;

C40B60;

D01 (exc. C, F); D02-05;

D06 (exc. L-Q); D07, 99;

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; C13B5, 15; C14B; C23

Board of Appeal 3.2.08

A61C, F (exc. 13-17);

C21, 22, 30;

E05-06;

F16B-H; F99

Board of Appeal 3.3.01

A01N; B01J20-49;

C07 (exc. B, C, H21; K1, 2, 14-19);

C09B, D; C10M; C40B40/00, 40/04,

40/16, 80/00, 99/00; C99

Board of Appeal 3.3.02

A21D; A24B15; A61K31;

C12M, P, R, S; C13 (exc. B5, 15);

G01N33

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;

C07H21; C07K1, 2, 14-19;

C12 (exc. M, N, P, Q, R, S)

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; C25;

C40B40/18;

H01M

Board of Appeal 3.3.06

A61Q19/10; A61K8 (in so far as the supplementary

classification is A61Q19/10);

B01D3, 15/08-15/42, 53/00-53/24, 61-71;

B01F17; B01J19;

C09C; C10 (exc. B, M); C11; C14C;

D01C, F; D06L-Q; 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

classification is A61Q1/00-5/04, 5/12-11/02, 15, 90);

A61K6, 9, 33, 47, 49-51, 101-135;

A61Q1/00-5/04, 5/12-11/02, 15, 90

Board of Appeal 3.3.08

C12N, Q; C40B10/00, 30/04-30/08, 40/02,

40/06-40/10, 50/06, 50/10, 50/16

Board of Appeal 3.3.09

A23 (exc. N);

B32;

C08J; C09J;

G03F7/00-7/085, 7/42;

G03G9/08-9/135;

H01L51/00, 51/30, 51/46, 51/54;

H01S3/14-3/227

Board of Appeal 3.3.10

A61K7/11-7/135, 7/40-7/48;

A61K8 (in so far as the supplementary

classification is A61Q5/06-5/10, 13, 17, 19/00-19/08);

A61L; A61Q5/06-5/10, 13, 17, 19/00-19/08;

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); G01Q; G01W; G02; H05G

Board of Appeal 3.4.03

B06;

C40B20/04, 70/00;

F03H;

G01V; G03 (exc. C, F7/00-7/085, 7/42,

G9/08-9/135);

G07 (exc. B); G09B, F, G;

H01C, G, J, L (exc. 51/00, 51/30, 51/46, 51/54),

S (exc. 3/14-3/227);

H05F, K

Board of Appeal 3.5.01

C40B20/00, 20/06, 30/00, 30/02, 50/02;

G06F17, G06Q

Board of Appeal 3.5.02

B07C; B60L, M; B61L;

F23N; F41G;

G04; G07B; G08;

H01B, F, H, K, R, T; H02, 03, 99;

H05B

Board of Appeal 3.5.03

G05; H04 (exc. L 1-27, N)

Board of Appeal 3.5.04

G06T; G11;

H04N

Board of Appeal 3.5.05

G06F3, 19;

H04L (exc. 29)

Board of Appeal 3.5.06

G06 (exc. F3, 17, 19; K, Q, T).

(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: 4

Board of Appeal 3.2.01

Giovanni Pricolo

(Chairman),

Stefan Hoffmann

(legally qualified member, 10%,

until 28.2.2013),

Yves Lemblé*,

Claudio Narcisi,

Theodora Karamanli

(legally qualified member, 30%),

Hartwich Geuss,

David Keeling

(legally qualified member, 30%),

Winfried Marx

and Peter Guntz

(legally qualified member, 30%;

as from 1.3.2013: 40%).

Board of Appeal 3.2.02

Eugène Dufrasne

(Chairman and

legally qualified member, 90%),

Pascal Weber*,

Christoph Körber,

Claude Vallet

(legally qualified member, 10%)

and Mario Stern.

Board of Appeal 3.2.03

Ulrich Krause

(Chairman),

Graham Ashley*,

Yves Jest,

Kevin Garnett

(legally qualified member, 30%),

Christopher Donnelly,

Ingo Beckedorf

(legally qualified member, 40%)

and Eleni Kossonakou

(legally qualified member, 30%).

Board of Appeal 3.2.04

Albert de Vries

(Chairman),

Pasquale Petti,

Christian Scheibling*,

Tamás Bokor

(legally qualified member, 50%),

Christopher Heath

(legally qualified member, 50%),

Erwin Frank

and Jonathan Wright.

Board of Appeal 3.2.05

Michael Poock

(Chairman),

Martin Vogel

(legally qualified member, 50%),

Henk Schram,

Werner Widmeier,

Gérard Weiss

(legally qualified member, 40%),

Steven Bridge*,

Philipp Lanz

and Wilhelm Ungler

(legally qualified member, 10%).

Board of Appeal 3.2.06

Michael Harrison

(Chairman),

Richard Menapace

(legally qualified member, 20%),

Gerhard Kadner*,

Gabriele de Crignis,

Kevin Garnett

(legally qualified member, 10%),

Wolfgang Sekretaruk

(legally qualified member, 50%),

Thomas Rosenblatt,

Martin Hannam

and Wilhelm Ungler

(legally qualified member, 20%).

Board of Appeal 3.2.07

Hugo Meinders

(Chairman),

Hans-Peter Felgenhauer*,

Konstantinos Poalas,

Heinrich Hahn,

Ingo Beckedorf

(legally qualified member, 40%),

Eleni Kossonakou

(legally qualified member, 60%)

and Guy Patton.

Board of Appeal 3.2.08

Thomas Kriner

(Chairman),

Rudolph Ries*,

Alessandra Pignatelli

(legally qualified member, 20%),

Ingo Beckedorf

(legally qualified member, 20%),

Paola Acton,

Marco Alvazzi Delfrate,

David Keeling

(legally qualified member, 30%)

and Christof Schmidt

(legally qualified member, 30%).

Board of Appeal 3.3.01

Patrick Ranguis

(Chairman until 28.2.2013),

David Rogers

(legally qualified member, 20%),

Martin Radke*,

Claus-Peter Brandt

(legally qualified member, 40%),

Jean-Bernard Ousset,

Gudrun Seufert,

Lukas Bühler

(legally qualified member, 40%)

and Liza Seymour.

Board of Appeal 3.3.02

Ulrich Oswald

(Chairman),

Maria del Carmen Ortega Plaza*,

Herbert Kellner,

Albert Lindner,

Lukas Bühler

(legally qualified member, 30%),

Dorothea Prietzel-Funk

(legally qualified member, 20%),

Robert Cramer

(legally qualified member, 50%)

and Denis Boulois (until 30.3.2013).

Board of Appeal 3.3.03

Bianca ter Laan

(Chairman),

Maxwell Gordon*,

François Rousseau,

Claus-Peter Brandt

(legally qualified member, 50%),

Claude Vallet

(legally qualified member, 20%),

Olivier Dury,

Robert Cramer

(legally qualified member, 30%)

and Damien Marquis.

Board of Appeal 3.3.04

Christopher Rennie-Smith

(Chairman and

legally qualified member, 90%),

Marie-Bernadette Tardo-Dino

(legally qualified member, 10%),

Gabriele Alt*,

Bart Claes,

Renate Morawetz

and Marco Montrone.

Board of Appeal 3.3.05

Gaston Raths

(Chairman),

Bernhard Czech*,

Stefan Hoffmann

(legally qualified member, 20%,

until 28.2.2013),

Herbert Engl,

Jean-Michel Schwaller,

Claude Vallet

(legally qualified member, 30%),

Dorothea Prietzel-Funk

(legally qualified member, 20%),

Peter Guntz

(legally qualified member, 30%;

as from 1.3.2013: 50%)

and Guy Glod.

Board of Appeal 3.3.06

Pieter-Paul Bracke

(Chairman),

Luigi Li Voti*,

Giuseppe Santavicca,

Paolo Ammendola,

Ursula Tronser

(legally qualified member, 60%),

Ernst Bendl

and Jean Geschwind

(legally qualified member, 40%).

Board of Appeal 3.3.07

Joseph Riolo

(Chairman),

Marie-Bernadette Tardo-Dino

(legally qualified member, 10%),

Petra Schmitz

(legally qualified member, 50%),

Daniele Semino*,

David Keeling

(legally qualified member, 30%),

Regina Hauss,

Wilhelm Ungler

(legally qualified member, 10%)

and Denis Boulois (as from 1.4.2013).

Board of Appeal 3.3.08

Manfred Wieser

(Chairman),

Pere Julià*,

Thierry Mennessier,

Rainer Moufang

(legally qualified member, 40%),

Maria Rosario Vega Laso,

Christopher Heath

(legally qualified member, 10%),

David Rogers

(legally qualified member, 20%),

Jean Geschwind

(legally qualified member, 30%)

and Beat Stolz .

Board of Appeal 3.3.09

Werner Sieber

(Chairman),

Richard Menapace

(legally qualified member, 40%),

Wolfgang Ehrenreich*,

Jesús Jardón Álvarez,

Kevin Garnett

(legally qualified member, 40%)

Nikolaos Perakis,

Fritz Blumer

(legally qualified member, 20%)

and Marcus Müller.

Board of Appeal 3.3.10

Pascal Gryczka

(Chairman),

Jacqueline Mercey*,

David Rogers

(legally qualified member, 20%),

Jean-Claude Schmid,

Christine Komenda,

Fritz Blumer

(legally qualified member, 40%),

Raquel Pérez Carlón

and Christof Schmidt

(legally qualified member, 40%).

Board of Appeal 3.4.01

Gianni Assi

(Chairman),

Martin Vogel

(legally qualified member, 30%),

Herbert Wolfrum*,

Alessandra Pignatelli

(legally qualified member, 30 %),

Pascal Fontenay,

Fiona Neumann,

Jean Geschwind

(legally qualified member, 20 %)

and Christof Schmidt

(legally qualified member, 20 %).

Board of Appeal 3.4.02

André Klein

(Chairman),

Michael Rayner*,

Alphonsus Maaswinkel,

Francisco Narganes-Quijano,

Bernhard Müller

(legally qualified member, 50%),

David Rogers

(legally qualified member, 30%)

and Lukas Bühler

(legally qualified member, 20%).

Board of Appeal 3.4.03

Gunnar Eliasson

(Chairman),

Eric Wolff

(until 28.2.2013),

Peter Mühlens

(legally qualified member, 30%),

Victor Frank*,

Roland Bekkering,

Tamás Bokor

(legally qualified member, 40%),

Theodora Karamanli

(legally qualified member, 30%)

and Thomas Häusser.

Board of Appeal 3.5.01

Stefan Wibergh

(Chairman),

Rüdiger Zimmermann*,

William Chandler,

Alessandra Pignatelli

(legally qualified member, 40%),

Konrad Bumes,

Petra Schmitz

(legally qualified member, 40%),

Paul Scriven

and Dorothea Prietzel-Funk

(legally qualified member, 20%).

Board of Appeal 3.5.02

Marco Ruggiu

(Chairman),

Mario Rognoni*,

Peter Mühlens

(legally qualified member, 60%),

Gary Flyng,

Richard Lord,

Michel Léouffre

and Wilhelm Ungler

(legally qualified member, 40%).

Board of Appeal 3.5.03

Alexander Clelland

(Chairman until 30.4.2013),

Fred van der Voort

(Chairman as from 1.5.2013),

Richard Menapace*

(legally qualified member, 20%),

Marie-Bernadette Tardo-Dino

(legally qualified member, 30%),

Rainer Moufang

(legally qualified member, 50%),

Armin Madenach,

Timothy Snell

and Bernhard Noll.

Board of Appeal 3.5.04

Franz Edlinger

(Chairman),

Alain Dumont,

Christian Kunzelmann,

Bernhard Müller*

(legally qualified member, 40%),

Marc Paci,

Theodora Karamanli

(legally qualified member, 30%),

Claude Vallet

(legally qualified member, 30%)

and Rolf Gerdes.

Board of Appeal 3.5.05

Andrea Ritzka

(Chairman),

Gérard Weiss*

(legally qualified member, 40%),

Patrick Corcoran,

Marcus Höhn,

Fritz Blumer

(legally qualified member, 30%),

Philippe Cretaine,

Dorothea Prietzel-Funk

(legally qualified member, 30%)

and Kemal Bengi-Akyuerek.

Board of Appeal 3.5.06

Dai Rees

(Chairman),

Marie-Bernadette Tardo-Dino*

(legally qualified member, 40%),

Christopher Heath

(legally qualified member, 30%),

Wolfgang Sekretaruk

(legally qualified member, 30%),

Alan Teale,

Martin Müller,

Georges Zucka

and Stefan Krischer.

(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, 3.2.08, 3.3.07,

3.5.05, 3.5.06:

Stefan Hoffmann (until 28.2.2013),

Tamás Bokor (as from 1.3.2013);

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, 3.4.01, 3.4.02,

3.4.03, 3.5.01, 3.5.02, 3.5.03,

3.5.04:

Tamás Bokor.

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.

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 2013 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 2013 until 31 December 2013.

Done at Munich on 14 December 2012

For the Presidium

The Chairman

W. VAN DER EIJK

II.4 Business distribution scheme of the Disciplinary Board of Appeal for the year 2013

In my capacity as Chairman of the Disciplinary Board of Appeal of the European Patent Office, having regard to Article 1 of the Additional Rules of Procedure of the Disciplinary Board of Appeal of the European Patent Office, I hereby adopt the following business distribution scheme:

Article 1

Members of the Disciplinary Board of Appeal

The Disciplinary Board of Appeal shall comprise the Chairman5 and the members listed below:

Professional representatives:

Ejvind J. Christiansen

Pierre H. Gendraud

Huw G. Hallybone

Terence L. Johnson

Nanno M. Lenz

Pedro Sugrañes Moliné

Bart van Wezenbeek.

Legally qualified members:

Brigitte Günzel

Christopher Rennie-Smith

Richard Menapace

Eugène Dufrasne

Gérard Weiss

Ingo Beckedorf

Tamás Bokor.

Article 2

Designation of members and rapporteur responsible for an 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, apart from Article 10, paragraph 4, of the Regulation on discipline for professional representatives, take account in particular of the workload of each member and the language requirements of the case.

(3) If a member cannot or can no longer participate in a case for which he has been designated, the Chairman shall designate another member of the Board to replace that member, having regard in particular to the criteria indicated in paragraph 2.

(4) The rapporteur shall be designated in accordance with Article 5, paragraph 1, of the Additional Rules of Procedure of the Disciplinary Board of Appeal.

Article 3

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 4

Term of validity

This business distribution scheme shall apply from 1 January 2013 until 31 December 2013.

Done at Munich on 14 December 2012

The Chairman

W. VAN DER EIJK