EPÜ G 3/08

Lysios

*** KT-HERO ***
Ganz brandaktuell:

Die Sache ist entschieden und die Vorlage war unzulässig:
http://www.epo.org/topics/news/2010/20100512.html

"The Enlarged Board analysed in detail the development of relevant case law, and found that there was a divergence between two decisions of Technical Boards of Appeal. However, recognising that the "case law in new legal and/or technical fields does not always develop in linear fashion, and that earlier approaches may be abandoned or modified", the Enlarged Board found that this constituted a legitimate development rather than a conflict of case law.

In the absence of conflicting Board of Appeal decisions, the Enlarged Board concluded that the legal requirements for a referral were not met. Nevertheless, the Board affirmed the right of the President of the EPO to "make full use of the discretion granted by Article 112(1)(b) EPC" in making a referral, and provided further guidance on how these requirements for such a referral should be interpreted. "
 
Oben