In the interlocutory decision of the Enlarged Board of Appeal G 3/08
dated 16 October 2009 the Enlarged Board noted that in referral cases under Art. 112 EPC
members of the public who file amicus curiae briefs did not have the status of a party. They were not entitled to file requests but only to submit their personal view of the case since an amicus curiae was not a party to the referral proceedings any request was inadmissible under Art. 24(3) EPC
. However, pursuant to Art. 4(1) RPEBA (OJ 2007, 304), the procedure of Art. 24(4) EPC
was also to be applied, and under this provision the submissions of a third party were taken as information on the basis of which the Board could ex officio look at the alleged grounds of objection or suspicion of partiality.