The Enlarged Board of Appeal Sends Case back to the Board of Appeal

In a Decision of May 13, 2013 (R 0015/11), the Enlarged Board of Appeal saw the right to be heard in the sense of Article 113(1) EPC to be violated and has sent the case back. Moreover, a request was made that the members of the Board of Appeal, who participated in this decision under review, be replaced. However, this request was rejected. In the proceedings under review, the Board of Appeal has rejected an auxiliary request for being unclear (Article 84 EPC) without ever having indicated that this would be a decisive issue. A general hint in the Summons to attend oral proceedings that, among others, Article 84 EPC could be discussed, is not sufficient in that respect.