6.2.4 Suspected partiality of the Chair of the Enlarged Board of Appeal who at the same time was Vice-President of Directorate-General 3 (VP3)

Previously, the Boards of Appeal, together with their administrative services, were integrated into the organisational structure of the EPO as DG3 directed by a Vice-President (VP3). For the case law relevant to the previous structure of the Boards of Appeal, in particular R 19/12 of 25 April 2014 date: 2014-04-25, R 2/14 of 17 February 2015 date: 2015-02-17, and R 8/13 of 20 March 2015 date: 2015-03-20, see CLB, 9th edn., 2019, III.J.6.2.3.

Following a structural reform in 2016 (see Annual Report of the EPO 2016), the Boards of Appeal are now organised as a separate unit directed by the President of the Boards of Appeal (see Supplementary publication 1, OJ 2017). The President of the Boards of Appeal also serves as the Chair of the Enlarged Board. For more information on the current structure of the Boards of Appeal, see chapter VII.1.1.