For the decision, click here. [B] (EPO has deleted the file)
Google cache (Google has also removed it).
Headnote
1. The law-making bodies have so shaped the proceedings for a decision for a proposal under Article 23(1) EPC that they take proper judicial form. The arrangements laid down in Articles 2(5) RPEBA and Article 10 BDS/EBA for the composition of the Enlarged Board of Appeal in proceedings under Article 23(1) EPC are compatible with the European Patent Convention and general principles of law.
2. Article 12a(5) RPEBA requires that the request under Article 12a(1) RPEBA specify individual incidents and the evidence for them, and give reasons why they constitute a serious ground within the meaning of Article 23(1) EPC.
Summary of Facts and Submissions
I. These proceedings concern the request of 25 June 2015 (hereinafter: AC request) from the chairman of the Administrative Council of the European Patent Organisation (hereinafter: the petitioner) for a proposal that the respondent be removed from office as a member of the boards of appeal under Article 23(1), first sentence, EPC and the rules of procedure of the Enlarged Board of Appeal (RPEBA) as approved by the Council on 25 March 2015 (CA/D 3/15).
