4.2. Article 112a(2)(b) EPC – person not appointed as a board member

The Enlarged Board has not yet ruled on a petition for review alleging that a board of appeal included a person not appointed as a board member.

According to Art. 19(1), second sentence, RPBA 2020, only members of the board shall participate in the deliberations; the Chairman may, however, authorise other officers to attend. In T 857/06 the board held that, under this provision (then Art. 19(1) RPBA 2003), a board's assistant may attend and take part in the deliberations.