T 0390/86 (Changed composition of Division) vom 17.11.1987

1. An Opposition Division has power to give a final substantive decision (here, relating to the patentability of individual claims) before sending a communication under Rule 58(4) EPC.

2. In a case where a final substantive decision has been given, an Opposition division has no power thereafter to continue examination of the opposition in relation to the issues which are the subject of that decision, either under Rule 58(5) EPC or at all. Further submissions from the parties relating to such issues are inadmissible.

3. A decision must at least be written on behalf of and represent the views of the members appointed to decide the proceedings, and must bear signatures which indicate this.

4(a) The written reasons for a decision delivered during oral proceedings can only be signed by members of the deciding body who took part in the oral proceedings. The same principle applies if between the orally delivered decision and the written decision proceedings in accordance with Rule 58(4) EPC have taken place.

4(b) In a case where a final substantive decision has been given orally by an Opposition Division during oral proceedings, if the subsequent written decision giving the reasons for such oral substantive decision is signed by persons who did not constitute the Opposition Division during the oral proceedings, the decision is invalid.