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| Decision or opinion of the Enlarged Board of Appeal | Guidelines | |||||
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| (1) In order to ensure uniform application of the law, or if a point of law of fundamental importance arises: | - G 1/09 - G 3/08 |
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| a) the Board of Appeal shall, during proceedings on a case and either of its own motion or following a request from a party to the appeal, refer any question to the Enlarged Board of Appeal if it considers that a decision is required for the above purposes. If the Board of Appeal rejects the request, it shall give the reasons in its final decision; | - T 22/09 - J 21/09 |
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| b) the President of the European Patent Office may refer a point of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on that question. |
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| (2) In the cases referred to in paragraph 1(a) the parties to the appeal proceedings shall be parties to the proceedings before the Enlarged Board of Appeal. |
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| (3) The decision of the Enlarged Board of Appeal referred to in paragraph 1(a) shall be binding on the Board of Appeal in respect of the appeal in question. |
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