Monday, October 30, 2017 T 1889/13 - Right to non-overlapping boards?

In this opposition appeal, the appellant requested that the members of the board who were involved in decision T 1676/11 relating to a divisional application of the opposed patent be excluded from taking part in the present appeal proceedings for suspected partiality under Article 24(3) EPC.

The arguments of the appellant can be summarised as follows:

• The critical issues of the present appeal were in essence the same as the critical issues in the previous appeal proceedings T 1676/11 concerning the divisional application. 
• The board members having decided the appeal for the divisional application would have difficulty in re-examining and deciding the present case without having a preconceived or anticipatory judgment or without giving rise to suspicion of such preconceived or anticipatory judgment.