3.1. Competence of the board in its original composition

The board in its original composition, i.e. with the member(s) objected to, is competent to examine the admissibility of an objection under Art. 24(1) EPC or Art. 24(3) EPC for the purpose of opening the procedure under Art. 24(4) EPC. In T 1028/96 (OJ 2000, 475) the board stated that, if an objection under Art. 24(1) or (3) EPC 1973 was made by a party, Art. 24(3), second sentence, EPC 1973 clearly required a preliminary examination of admissibility (see also R 12/09 of 3 December 2009 date: 2009-12-03, T 355/13, T 1656/17). The purpose of the preliminary examination for admissibility was to determine whether the objection could go forward for substantive examination and decision. If the objection was not admissible, the board could not examine whether it was allowable or well founded. On the other hand, if, from the point of view of the board in its original composition, the objection was admissible, then the procedure under Art. 24(4) EPC 1973 applied. Thus, the issue of admissibility before the former board was only relevant to the opening of the procedure under Art. 24(4) EPC 1973 and had no bearing on the future decision of the board nominated in accordance with Art. 24(4) EPC 1973. Admissibility, which is a fundamental prerequisite for a decision on the substance, must be examined by the board of its own motion (see also T 289/91, T 2175/15 of 11 June 2024 date: 2024-06-11).