Key points
- Are oral proceedings in petition for review cases useful if the preliminary opinion is negative?
- Pending case R 18/23 illustrates a case where the preliminary opinion was negative. The petitioner filed a 28-page letter in reply (link)
- Oral proceedings were held before the three-member panel. Before giving the floor to the petitioner, the chairperson pointed out that the EBA (after studying the petitioner's written submissions) maintained its preliminary opinion.
- The oral proceedings lasted four hours, including the time for the board's deliberation (I don't know how long that was). Six professional representatives participated on behalf of the petitioner (proprietor). (minutes)
- The EBA then announced the decision to forward the petition to the five-member panel.
- The case is still pending.
- Would the outcome of the case have been the same if the EBA had no obligation to appoint oral proceedings if the EBA estimates (beforehand) they would not 'serve any legitimate purpose'?
EPO
The link to the file wrapper can be found after the jump.
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