4. Grounds for petition for review
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  8. 4.3. ‍‍Article 112a(2)(c) EPC
  9. 4.3.6 Boards' obligation to remain neutral
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4.3. ‍‍Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC

Overview

4.3.6 Boards' obligation to remain neutral

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

According to settled case law, a board must remain neutral in inter partes proceedings, both in its communications to the parties and in oral proceedings (R 15/09; see also R 11/08), especially when the opposing party is not present (R 9/14). By giving a party possible reasons to decide against its requests (R 18/09, R 15/10), by prompting a party to make further submissions (R 9/11, R 3/13, R 17/13), by informing a party of a possible different interpretation of a passage in a prior art document (R 19/11; see also R 18/09), or by suggesting a possible wording of a claim (R 4/09, R 22/10; see also R 7/14) a board would assist a party and compromise its neutrality.

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