2.8.1 Composition change before oral proceedings

In T 1090/18 the board found that, in principle, the opposition division composition change after the summons to oral proceedings and before the oral proceedings did not lead to the conclusion that the patent proprietor (appellant in the case in hand) had been denied its right to be heard if the new member had had sufficient opportunity to familiarise themselves with the case and the opportunity to hear both parties at the oral proceedings. The board saw no reason for doubting that these conditions were fulfilled with respect to the interlocutory decision under appeal. See also T 1652/08.

The same principles apply in proceedings before the examining division, according to T 2344/16.