This is Europe´s Highest Patent Authority. Their verdict will be binding on all lower instances at the EPO and hence very important in the field. The text of the presidential referral can be found here:
http://www.epo.org/topics/news/2008/20081024.html
and here
http://documents.epo.org/projects/babylon/eponet.nsf/0/B89D95BB305AAA8DC12574EC002C7CF6/$File/G3-08_en.pdf
The enlarged board of appeal has solicitated third party observations up to the end of April!!. Given that reading the Official Journal or the EPO is not the most favorite past time of most anti software patent activists it would be highly appreciated, if you could spread the news to all interested circles in order to avoid that only the big pro patent lobbies present their case.
The case is not totally hopeful. The only technical member of the board is a well known pro-software patent lobbyist who on behalf of the previous EPO administration has lobbied the European Commission and Parliament in striking the software exclusion from patent law. As we know, he was not successful then, let's hope he remains so.
He was professionally directly involved in some of the decisions which are referenced as potentially inconsistent in the referral, most notably the so called IBM cases. Subsequently he had publicly and harshly criticized these moderately restrictive decisions the legality of which he is now supposed to judge,
http://www.ps.uni-sb.de/~tmueller/reestran.pdf
Recusation of the board in a third party observation on these grounds may be a valid option.


