The European Patent Convention

(2)

For appeals from decisions of the Receiving Section or the Legal Division, a Board of Appeal shall consist of three legally qualified members. 

(a)

two technically qualified members and one legally qualified member, when the decision concerns the refusal of a European patent application or the grant, limitation or revocation of a European patent, and was taken by an Examining Division consisting of less than four members; 

(c)

three legally qualified members in all other cases. 

(a)

two technically qualified members and one legally qualified member, when the decision was taken by an Opposition Division consisting of three members;