16 October 2017

T 2150/15 - Minutes OP ExDiv

Key points:

  • In this examination appeal, the Board follows established case law that it is not competent to decide on a request for correction of the minutes of the oral proceedings held before the Examining Division.



EPO T 2150/15 -  link




6. Minutes of Oral Proceedings before the examining division
As regards the appellant's request dated 15 October 2015 for a correction of the minutes of the oral proceedings before the examining division, the board is not competent to decide on such a request. The request must be considered and decided on by the examining division who sat at the oral hearing.
T 231/99 (Reasons 1.5), T 508/08 (Reasons 2) and T 1005/08 (Reasons 1.2) have stated that the boards neither have the competence to decide on the accuracy of the first instance minutes nor can they compel the division to make corrections.
The board also draws attention to the communication of the examining division dated 13 November 2015, which refers to the appellant's request, and under cover of which an amended version of the minutes of the oral proceedings should have been sent. However, apparently by mistake, the same text (i.e. the version of 15 June 2015) was sent again (apart from a different document title on page 1 of the said minutes). It rests with the examining division, to send the corrected version of the minutes again, if still relevant.

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