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E
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D
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Table of Contents
Foreword
Index
List of regulations
Part I
Part II
Part III
Part IV
Part V
Part VI
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Article 23(4) - OJ 1985, 249
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Decision of the Presidential Council of the Boards of Appeal dated 31 May 1985 concerning the transfer of functions to the Registrars of the Boards of Appeal
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- OJ 1985, 249
as amended OJ 2002, 590 -
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Article 1
Transfer of functions
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(1)
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Pursuant to Article 5(2) of the Rules of Procedure of the Boards of Appeal, the execution of the functions set out in Article 2 shall be entrusted to the Registrars of the Boards of Appeal.
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(2)
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The transfer to a Registrar of the execution of a function falling to a Board of Appeal shall not prejudice the competence of the Board to take decisions itself.
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Article 2
Transferred functions
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The execution of the following functions shall be entrusted to the Registrars of the Boards of Appeal:
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(1)
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Notification of the appellant that the appeal does not comply with the provisions or Rule 64(a) EPC and invitation to remedy the deficiencies noted (Rule 65(2) EPC);
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(2)
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Notification of the appellant that the appeal will probably be rejected as inadmissible under Rule 65(1) EPC;
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(3)
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Referral of requests for inspection of files to the applicant for comment under Article 128(1) EPC and granting inspection where he gives his consent;
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(4)
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Conducting the file inspection procedure as instructed by the Board where Article 128(2) EPC applies;
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(6)
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Communication of information contained in the files under Rule 59 EPC;
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(7)
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Issuing priority documents;
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(8)
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Summoning to oral proceedings under Rule 71(1) EPC when directed by the Chairman;
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(9)
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Summoning to give evidence under Rule 72(2) EPC when directed by the Chairman;
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(10)
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Notification of loss of rights under Rule 69(1) EPC and communication of information as to possible legal remedies therefore (re-establishment of rights, further processing);
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(11)
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Notification of the person concerned under the final part of the second sentence in Rule 69(2) EPC;
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(12)
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Setting the time limit for filing the reply to the statement of the grounds of appeal;
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(13)
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Notification that the Board has decided to extend a time limit under Rule 84 EPC;
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(15)
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Requesting parties to file in a sufficient number of copes documents that have to be communicated to other persons (Rule 36(4) EPC);
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(16)
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Communication of documents to the other parties to the proceedings;
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(17)
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Inviting parties to sign unsigned documents and laying down a time limit for doing so (Rule 36(3) EPC);
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(18)
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Examining whether a representative has been appointed in the prescribed manner, and examining authorisations and related communications as directed by the Chairman of the Board;
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(19)
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deleted1
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(20)
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Notification of the opponent that the patent has been surrendered of has lapsed (Rule 60(1) EPC);
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(21)
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Issuing instructions for fees to be refunded in cases in which no order by a Board of Appeal to that effect is required;
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(22)
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Preparative preliminary actions aiming at a decision ordering the revocation of a European patent on grounds of an express or implied declaration by the proprietor of the patent that he does not agree with any version of the text.
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This Decision shall enter into force on 1 July 1985.
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Done at Munich, 31 May 1985. For the authority referred to in Rule 10, paragraph 2, The Chairman Paul Braendli
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