EUROPEAN PATENT CONVENTION: PART VI - APPEALS PROCEDURE, Article 111

Article 111 - Decision in respect of appeals

E / D / F

Table of Contents

Preface

European Patent Convention

Implementing Regulations

Protocol on Recognition

Protocol on Centralisation

Protocol on Privileges and Immunities

Protocol on the Staff Complement

Rules Relating to Fees

Annex I

Annex II

Alphabetical keyword index

EUROPEAN PATENT CONVENTION- Table of Contents

European Patent Convention

PART VI - APPEALS PROCEDURE

Article 111 - Decision in respect of appeals

Article 112 - Decision or opinion of the Enlarged Board of Appeal

Article 111 81

Decision in respect of appeals

(1) Following the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the department which was responsible for the decision appealed or remit the case to that department for further prosecution.

(2) If the Board of Appeal remits the case for further prosecution to the department whose decision was appealed, that department shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. If the decision which was appealed emanated from the Receiving Section, the Examining Division shall similarly be bound by the ratio decidendi of the Board of Appeal.

81 See decisions of the Enlarged Board of Appeal G 9/92, G 10/93, G 1/97, G 3/03 (Annex I).

R. 66, 67, 68, 89