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Gillian Davies, Case law of the EPO Boards of Appeal in 2006, Journal of Intellectual Property Law & Practice, Volume 2, Issue 8, AUGUST 2007, Pages 524–531, https://doi.org/10.1093/jiplp/jpm097
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Abstract
The article reviews significant decisions handed down by the Boards of Appeal of the European Patent Office (EPO) in 2006, concentrating on decisions of the Enlarged Board and the Boards of Appeal issued in 2006 and published or to be published in the OJ EPO.
The article discusses the application of Art. 24 EPC on exclusion and objection to members of the boards of appeal in the light of the following decisions: G 1/05, T 281/03 and J 15/04; referrals pending before the EBA on the subject of divisional applications (Art. 76 EPC and R. 25 EPC) and exclusion from patentability under R. 23d(c) in conjunction with Art. 53a EPC; and decisions of technical boards of appeal on exclusions from patentability (Arts. 52 (2)(3) and (4) EPC), the requirement of industrial applicability (Art. 57 EPC) and re-establishment of rights (Art. 122 EPC).
The article provides an overview of the 2006 case law of the boards of appeal which is particularly useful since most of the decisions discussed have not yet been published in the OJ EPO. The author is critical of the recent case law on the application of Art. 24 EPC (exclusion and objection to members of the boards of appeal) and reports on several decisions of particular legal interest.