2.10.1 Composition change after oral proceedings

If the composition of a board is changed after oral proceedings, the parties shall be informed that, at the request of any party, fresh oral proceedings shall be held before the board in its new composition. Each new member shall be bound to the same extent as the other members by an interlocutory decision which has already been taken (see Art. 8 RPBA).

Because it deemed the outcome of pending referral cases G 1/22 date: 2023-10-10 and G 2/22 date: 2023-10-10 (OJ 2024, A50) to be relevant for the board's decision, and since the retirement of one of the five board members was approaching, the board in T 2643/16 of 16 February 2023 date: 2023-02-16 and T 2643/16 of 3 June 2024 date: 2024-06-03 stayed the proceedings and issued an interlocutory decision. This decision dealt with the issues for which the parties could provide their comments at the oral proceedings and for which the board closed the debate. The board held that this interlocutory decision avoided a situation, detrimental to procedural economy and legal certainty, in which the board in a new composition may need to rehear the parties on matters dealt with at the oral proceedings. After the decision in the consolidated cases G 1/22 and G 2/22 was issued, the board in its new composition sent a communication to the parties with its preliminary opinion, in which it invited the parties to submit comments or requests and made clear that if no replies or requests were received within the set period, the parties could expect the board to issue a decision in writing without holding further oral proceedings.