6.4.3 Boards not bound by communication under Article 15(1) RPBA 2007 or Article 15(1) RPBA 2020

In T 1635/13 the board held that it was clearly set out in the board's communication that it expressed the "preliminary and non-binding" opinion of the board to streamline and prepare the oral proceedings. Therefore it was self-evident that the board could come to a different evaluation of the facts and submissions during the subsequent proceedings, in particular the oral proceedings, for whatever reason. Such a different evaluation was in itself neither a sufficient reason for admitting subsequently filed requests nor a fundamental procedural defect (see R 3/09). See also T 614/89 (in relation to Art. 11(2) RPBA 1980), T 2006/13.

For case law on Art. 15(1) RPBA 2020, see the chapters V.A.4.5.5c) "Objections or arguments raised for the first time during oral proceedings" and V.A.4.5.6i) "Change in board's preliminary opinion" (see in particular T 995/18).