R 0007/09: The first review under Article 112a with succes for the petitioner

This is the first case where a petitioner was succesful before the Enlarged Board to the extent that his appeal case was re-opened.

In short, the petioner did not receive the grounds of appeal as put forward by another party. The Board of Appeal did not summon the parties to oral Proceedings as the other party only requested Oral Proceedings as an auxiliary request. The Board then decided on the case.

The petitioner argued that his right to be heard was infringed as he was unable to comment on the grounds of appeal put forward by the other party.

The EPO was not able to establish that these grounds of appeal in fact reached the petitioner (see Rule 126(2)) and finally concluded that the petitioner's rights under Article 113(1) therefore indeed had been infringed.

The case itself seems quite straightforward, read it here.
Further comments, see here.