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.
Remarks:
O.J. EPO issue: 1993,420
Case law reports: CLBA 1996 ; OJ/EPO-SE 1996 ; OJ/EPO-SE 1997
