6.4.2 Purpose of communication under Article 15(1) RPBA 2007 or Article 15(1) RPBA 2020

In T 1459/11 the board held that the purpose of the communication under Art. 15(1) RPBA 2007 was to establish the framework of the oral proceedings (see also T 2006/13). The communication did not – explicitly or implicitly – represent an invitation or opportunity to file further written submissions or to shift the focus of the case to be heard at oral proceedings (see also T 751/16). The terms of the appeal were rather determined by the statement of grounds of the appeal and the reply thereto (Art. 12(2) RPBA 2007). Consequently there was no legal basis in either the EPC or the RPBA for the filing of a "response" to a communication pursuant to Art. 15(1) RPBA 2007. A board was under no obligation to take such a "response" into account. Any submissions – whether arguments or requests – contained in such a "response" might constitute an amendment to the case presented.

This view was confirmed with regard to Art. 15(1) RPBA 2020 in e.g. T 2703/16. See also e.g. T 752/16, T 995/18 and T 2271/18.