7.4.3 Boards not bound by communication under Article 15(1) RPBA 2007 or Article 15(1) RPBA

In T 1635/13 the board held that it was clearly set out in the board's communication that it expressed the "preliminary and non-binding" opinion of the board to streamline and prepare the oral proceedings. Therefore it was self-evident that the board could come to a different evaluation of the facts and submissions during the subsequent proceedings, in particular the oral proceedings, for whatever reason. Such a different evaluation was in itself neither a sufficient reason for admitting subsequently filed requests nor a fundamental procedural defect (see R 3/09). See also T 614/89 (in relation to Art. 11(2) RPBA 1980), T 2006/13.

For case law on Art. 15(1) RPBA, see the chapter V.A.4.5.4h) "Change of the board's opinion" (see in particular T 995/18).