T 1656/17 - Dealing with a partiality objection

Key points

• This decision was issued in October 2023 after a five-year appeal procedure (but with a separate decision on a partiality objection). The grant was in 2014. The PCT filing date is in 2008. A petition for review is pending.
• The first oral proceedings took place on 5 July 2022. The Board concluded that claim 1 was obvious over D10. The oral proceedings were adjourned to 14 July 2022, as vico, with the consent of the parties.  The appellant/proprietor withdrew his consent on 8 July. Oral proceedings were resumed on 21 October 2022 after a new summons. 
• The Board refused to reopen the debate, giving rise to a first objection under Rule 106.
• Two further objections were raised under Rule 106.
• " The oral proceedings were interrupted at 17.49 hrs for deliberation by the board on the admittance of documents D38a, D46, D47 and D48.
• " At 18.20 hrs, one of the respondent's representatives entered the room where the board was deliberating and closed the door behind him ("the room incident"). He asked about the timetable of the oral proceedings on that day as the respondent's representatives had to catch a plane to London. The chair immediately asked him to leave the room as the board was deliberating, adding that the parties would be called in in a few minutes. The representative immediately left the room at 18.21 hrs." 

• A new objection under Rule 106 was filed by the proprietor.

• " On 27 October 2022, the board issued summons to in-person oral proceedings, according to which the oral proceedings were to be resumed on 11 January 2023."  These summons were for three days.

• " By letter dated 28 December 2022, the appellant raised objections of suspected partiality under Article 24(3) EPC against the members of the board." 

• " On 11 January 2023, at 14.05 hrs, the oral proceedings before the board in its original composition were interrupted and an alternate board was appointed. After the alternate board decided [on 12 January, with oral proceedings before the alternate Board on 11 and 12 January] that the objection of suspected partiality against the members of the board in its original composition be refused, the oral proceedings before the board in its original composition were resumed on 13 January 2023, at 9.02 hrs. 

• " At 09.04 hrs, shortly after the resumption of the oral proceedings before the board in its original composition on 13 January 2023, the appellant filed the following objection under Rule 106 EPC" 

• " At 16.53 hrs, the appellant filed a further objection under Rule 106 EPC ("objection 6"), which reads as follows: ..." 

• The Board, on 13 January 2023, dismissed the appeal.

• The Board issued the decision, 173 pages in writing, in October.

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• EPO 

The link to the decision is provided after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t171656eu2