Summary of Facts and Submissions

The Summary of Facts and Submissions and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 9/91, OJ EPO 1993, 408. The proceedings were consolidated.

Reasons for the Decision

The Summary of Facts and Submissions and Reasons for the Decision are identical in their wording to the corresponding sections of decision G 9/91, OJ EPO 1993, 408. The proceedings were consolidated.

Opinion

For these reasons it is decided that:

The question of law referred to the Enlarged Board by the President of the EPO is to be answered as follows:

1. An Opposition Division or a Board of Appeal is not obliged to consider all the grounds for opposition referred to in Article 100 EPC, going beyond the grounds covered by the statement under Rule 55(c) EPC.

2. In principle, the Opposition Division shall examine only such grounds for opposition which have been properly submitted and substantiated in accordance with Article 99(1) in conjunction with Rule 55(c) EPC. Exceptionally, the Opposition Division may in application of Article 114(1) EPC consider other grounds for opposition which, prima facie, in whole or in part would seem to prejudice the maintenance of the European patent.

3. Fresh grounds for opposition may be considered in appeal proceedings only with the approval of the patentee.