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Referral to Enlarged Board of Appeal about V-con at Oral Proceedings

New Referral to the Enlarged Board of Appeal about legitimacy of V-con at Oral Proceedings acc. to Art. 116 EPC

During the oral proceedings held by video-conference by ZOOM on 8 February 2021 between the Patent Proprietor Andrew AG and the Appellant Rohde & Schwarz GmbH  & C0 KG about the EP Patent EP1609239, the Appellant requested as an auxiliary measure that a question be referred to the Enlarged Board of Appeal. The Request was to decide for the Enlarged Board of Appeal  whether an oral hearing according to Art. 116 EPC can be replaced by a video conference, if the parties do not agree.

After deliberation by the Board the Chairman informed the Parties that the Board will refer a question to the Enlarged Board of Appeal.

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