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"Annex - Rules of Procedure of the Boards of Appeal" [2020] ELECD 150; in Muller, O. Marcus; Mulder, A.M. Cees (eds), "Proceedings Before the European Patent Office" (Edward Elgar Publishing, 2020) 205

Book Title: Proceedings Before the European Patent Office

Editor(s): Müller, O. Marcus; Mulder, A.M. Cees

Publisher: Edward Elgar Publishing

Section Title: Annex – Rules of Procedure of the Boards of Appeal

Number of pages: 16

Extract:

Annex ­ Rules of Procedure of the
Boards of Appeal


Article 1

Business distribution and composition

(1) The Presidium referred to in Rule 12b, paragraph 4, EPC, shall
before the beginning of each working year draw up a business dis-
tribution scheme for the distribution among the Boards of Appeal
of all appeals that may be filed during the year, designating the
members who may serve on each Board and their respective alter-
nates. The scheme may be amended during the working year.

(2) The Chair (Chairman or Chairwoman) of each Board shall, before
the beginning of each working year, draw up a list of the cases in
which the Board is likely to hold oral proceedings, issue a com-
munication under Rule 100, paragraph 2, EPC, or issue a decision
in written proceedings in that year. The President of the Boards of
Appeal shall, before the beginning of each working year, publish
the list of each Board.

(3) The Chair of each Board of Appeal shall determine the composi-
tion of the Board for each particular case in accordance with the
business distribution scheme. The Chair shall designate himself or
herself or a technically or legally qualified member as Chair in the
particular appeal.


Article 2

Replacement of members
(1) A member or the Chair in a particular appeal shall be replaced
if prevented from participating, particularly as a result of

205
206 PROCEEDINGS BEFORE THE EUROPEAN PATENT OFFICE


sickness, excessive workload, or commitments which cannot be
avoided.

(2) A ...


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