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

The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
 
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026