3.1. Competence of the board in its original composition

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 and T 355/13). The board stated that the purpose of the preliminary examination for admissibility was to determine whether the objection could go forward for substantive examination and decision. 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.

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