Friday, April 08, 2016 T 861/12: attending two oral proceedings at the same time is not possible, however...

In this appeal from an opposition one of the professional representatives requested a postponement of the oral proceedings because he has to attend another oral proceedings at the same date at the same moment in time. The Board acknowledges that one person cannot be present at two locations at the same moment in time. However... in line with a "Notice of the Vice-President of Directorate-General 3 of the European Patent Office" one should also argue why a colleague is not able take over the case and attend the oral proceedings. The Board does not accept general arguments like "there is a special relationship between the client and the professional representative" - this must be substantiated. 
At a certain point in time the Board communicated to the representative that the oral proceedings are not going to be postponed. The Board also pointed to the power of attorney in which the professional representative and his colleagues were appointed by the client. Thus, according to the Board, the client indicated that he accepts that different persons act on their behalf. Shortly after receiving this letter, the professional representative changed the original power of attorney such that his colleagues were not anymore appointed by the client.  According to the Board this is not according to the principle of "good faith". Don't mess with the Board of Appeal.