Key points
- This is the case where the opponent made five partiality objections. My earlier post concerned the dismissal of the 2nd, 3rd, 4th and 5th objection. The appeals on the merits have meanwhile been withdrawn. The present decision deals with the request for cost apportionment and was issued on 06.09.2024 and was taken by Board members B, H and K. The minutes are here.
- Decision on the first objection: issued in writing on 16.09.2024. The board members are anonymised in the decision (?!). The minutes are here, and mention the Board members N, H and D.
- The decision on the second objection is available here from the publication of decisions, mentions in the PDF Board members M, N and K. The decision is not visible in the online file. It is unclear to me if oral proceedings took place. There are no minutes visible in the online file.
- The decision on the third objection was taken by Board members N, D, and H issued on 22.09.2023; the decision on the fourth objection by K, D and H issued on 21.09.2023, and the decision on the fifth objection by G, D and H, all on the same day. It must have been a remarkable set of oral proceedings on 23 June 2023. However, the minutes are not visible in the online file.
- The application number is 07150011.0
- A petition for review was filed and is pending under R16/22 (visible on the main tab of the register). However, no documents about the petition for review are visible in the file. It is in the list of pending petitions here: https://www.epo.org/en/case-law-appeals/organisation/eba/pending-petitions-review
- There are now 6 decisions of Boards of appeal of in this case. Four of them are published under https://www.epo.org/de/boards-of-appeal/decisions/t152175du1
EPO
The link to the decision and an extract of it can be found after the jump.
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