5.2.4 Statement of grounds of objection defines the factual scope of the objection

In R 2/14 of 22 April 2016 the Enlarged Board of Appeal held that the factual scope of an objection pursuant to Art. 24(3) EPC is defined in the statement of grounds of the objection initiating the interlocutory proceedings under Art. 24(4) EPC. Apart from a subsequent elaboration of said objection by supporting facts, evidence and arguments, the subject-matter of the proceedings, as a rule, cannot be extended or changed, whether by new facts or by a new objection. Accordingly, the Enlarged Board of Appeal did not admit a submission in which the petitioner referred to a new category of objections (personal or "subjective partiality" as opposed to structural or "objective partiality"). Moreover, the circumstances on which the petitioner relied had only arisen after the closure of the oral proceedings.

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