Bonum Certa Men Certa

EPO Looney Tunes – Part 4: G 2/19 - Faites Vos Jeux…

“True peace is not merely the absence of tension: it is the presence of justice.”

--Martin Luther King Jr.



Carl Josefsson

The Chairman of the Enlarged Board, Carl Josefsson



Part 1: EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”? Part 2: EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow Part 3: EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

Summary: "Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment."

The Chairman of the Enlarged Board, Carl Josefsson, is generally reckoned to be a “safe pair of hands” who does his best to please his political masters.



Most insiders are of the opinion that he is unlikely to advocate or support any course of action which might risk upsetting the apple cart (António Campinos has partial control over his position).

"The decisive question seems to be whether or not Josefsson can persuade a majority of the Board to row in behind him or whether the “contrarians” will carry the day."So it seems like a safe bet that he will do his best to guide the proceedings in a direction that will enable the Board to dodge the awkward third and final “Haar question”.

Failing that, he can be expected to do his best to secure a decision confirming that the holding of oral proceedings in Haar is in compliance with the EPC.

The decisive question seems to be whether or not Josefsson can persuade a majority of the Board to row in behind him or whether the “contrarians” will carry the day.

EBA of EPO

The internal members of the Enlarged Board.
Top row: Legally qualified members, Ingo Beckedorf and Gérard Weiss
Bottom row: Technically qualified members, Gunnar Eliasson (no photo) and Pascal Gryczka



As far as the internal members are concerned, Josefsson can probably safely count on the support of his fellow Swede, the elusive Gunnar Eliasson.

"Eliasson is the Chairman of the Technical Board of Appeal 3.4.03 which is reputed to take a relatively “soft” and “customer-friendly” line on software and business method patenting."Eliasson acted as ad interim Chairman of the Enlarged Board (warning: epo.org link) during the interregnum following the departure of the former Vice-President of DG3, the Dutchman Wim “the Wimp” van der Eijk, who had is reported to have fallen out of grace with Battistelli. In this role Eliasson liased closely with Josefsson during the “handover” period when the latter assumed office as “President of the Boards of Appeal”.

Eliasson is the Chairman of the Technical Board of Appeal 3.4.03 which is reputed to take a relatively “soft” and “customer-friendly” line on software and business method patenting. By all accounts he seems like another managerially compliant “safe pair of hands” who can be depended on to dance to the Chairman’s tune.

The support of the other internal members for Josefsson’s line is less certain because at least some of them are known to have taken management-critical stances in the past.

"As far as the external members are concerned, they are “dark horses” and it is difficult to make any reliable prediction about the position which they might take."Ingo Beckedorf joined the EPO in 2007 and has been a regular legally qualified member of the Enlarged Board of Appeal since 2012. Before joining the Boards of Appeal, he was an attaché de presse and deputy head of the Office of the European Parliament in Germany (2001-2003) and a judge at the Hanseatic Higher Regional Court of Hamburg (1997-2006).

Gérard Weiss, from Alsace, joined the EPO in 1982 as a legal advisor in the Patent Law Department. From 1990 to 2000 he was head of the Administrative Council Secretariat. He moved to the Boards of Appeal in 2001 and has been a legal member of the Enlarged Board since 2010.

Pascal Gryczka, who comes from Freyming-Merlebach in the Moselle region of France close to the German border, is a graduate of the University of Strasbourg (Battistelli works at CEIPI in Strasbourg now) and has been a Chairman of a Technical Board of Appeal since 2011.

EPO external

The external members of the Board.
Jochem Gröning (Germany) and Michael Sachs (Austria)



As far as the external members are concerned, they are “dark horses” and it is difficult to make any reliable prediction about the position which they might take.

These “external members” are members of a national judiciary of an EPO contracting state who are appointed to a panel for a (renewable) term of three years.

"Sachs has a reputation as a bon viveur and is a well known figure among the “champagne set” of Viennese High Society."Jochem Gröning is a judge at the German Federal Court of Justice in Karlsruhe with a solid reputation in legal circles in his home country. He gives the impression that he can be relied upon to weigh up matters in a neutral manner and that he is unlikely to allow himself to be swayed too much by purely political considerations.

Michael Sachs is the Vice-President of the Austrian Federal Administrative Court in Vienna. Sachs has a reputation as a bon viveur and is a well known figure among the “champagne set” of Viennese High Society.

Michael Sachs

Judge Michael Sachs enjoying the good life at a champagne-tasting reception in Vienna



Austrian judicial appointments are notoriously political and the Federal Administrative Court which was established in 2014 is no exception to this general rule.

Michael Sachs is politically connected to the conservative Austrian Peoples’ Party (ÖVP) currently led by the “Wunderknabe” Sebastian Kurz. His colleague Harald Perl, the President of the Federal Administrative Court, is an appointee of the other main political party in Austria, the Socialist Party (SPÖ).

SPO VPO

Tweedledum and Tweedledee?
President of the Federal Administrative Court, Harald Perl (SPÖ)
and Vice-President Michael Sachs (VPÖ)



Since its inception in 2014, the Federal Administrative Court has been dogged by allegations of endemic cronyism and questionable appointments.

"In at least one case, it was confirmed that the Office of the Public Prosecutor in Vienna had opened a formal investigation into allegations of official misconduct."Some disgruntled staff, including judges and lawyers, were sufficiently irritated to set up an “Association against Cronyism” (“Verein gegen Freunderlwirtschaft”) and even went so far as to file a number of criminal complaints about various goings-on which upset them.

In at least one case, it was confirmed that the Office of the Public Prosecutor in Vienna had opened a formal investigation into allegations of official misconduct.

In another case, allegations of abuse of office were raised against members of the Presidium of the Court who had proposed the judicial appointment of Hubert Keyl, a member of the far-right populist Freedom Party (FPÖ) founded by the controversial Jörg Haider and currently led by the equally controversial Heinz-Christian Strache. In that case, allegations were made against both Sachs and Perl who are members of the Presidium.

Coming from an environment where cronyism, intrigue and machination seem to be on the daily menu, Sachs gives the impression of being a much more “political animal” than Gröning who seems to be more of the “legal scholar” type.

"Coming from an environment where cronyism, intrigue and machination seem to be on the daily menu, Sachs gives the impression of being a much more “political animal” than Gröning who seems to be more of the “legal scholar” type."If this impression is correct, then there is a greater probability that Sachs - in contrast to Gröning - might be more susceptible to the influence of political as opposed to strictly legal considerations.

All in all, it would seem to be an easier task to persuade Sachs to row in behind the Chairman and to refrain from supporting any “contrarian” course of action.

Assuming that Josefsson can get the internal member Eliasson and the external member Sachs on his side, then all that he would need for a majority would be to “flip” one of the undecided internal members.

Internal sources suggest that Beckedorf is very much his own man so in the end it all seems to come down to what position Weiss and Gryczka are going to take and whether or not Josefsson can persuade one or both of them to row in behind him.

"Internal sources suggest that Beckedorf is very much his own man so in the end it all seems to come down to what position Weiss and Gryczka are going to take and whether or not Josefsson can persuade one or both of them to row in behind him."If he can, then he will have it in the bag and the “Haar question” can at least be avoided for the time being or - in the best case scenario for Josefsson - if he plays his cards right he might even manage to bury it entirely.

As he is about half-way through his current five-year term of office, it’s clear that Josefsson needs to bring in the “desired result” for his political masters in the Administrative Council if he wants to be in with a chance of reappointment.

This brings the current mini-series of EPO Looney Tunes to a close but we hope to be back with an update in the not too distant future after the Enlarged Board of Appeal has delivered its decision on referral G 2/19. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
The Tower of Babel
More is not better
 
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026