4.3. Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC
4.3.7 Independence of the board members
In R 12/22 the Enlarged Board found that the right to be heard did not give a party any right to proof that a board member was sufficiently prepared ‒ be it in the case of a substitution at short notice or in general – as exercising such a right would violate the independence of the board member concerned.