Minutes of oral proceedings and of the taking of evidence shall be drawn up containing the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties, the testimony of the parties, witnesses or experts and the result of any inspection.
The Chairman declared the oral proceedings open. He summarised the relevant facts as appearing from the file. The parties addressed the Board. The matter was then discussed with the parties. The Chairman then declared the debate closed. The Chairman announced the decision: the appeal is dismissed in its entirety.
|Nobody said anything relevant, clearly|
“Considering that the decisions of the Boards of Appeal are not subject to revision … whilst the decisions of the departments of first instance … are open to appeal, it is clear that what constitutes the ‘essentials’ and the ‘relevant statements’ of the oral proceedings before the Board of Appeal needs not be noted down as extensively as the ‘essentials’ and the ‘relevant statements’ of the oral proceedings before the departments of first instance.”
The reason for this [difference in practice] is primarily that decisions of the Boards of Appeal are intended to be self-contained, that is, they are intended to be capable of being understood by the parties and the public without reference to other documents. The decision will therefore provide a summary of all the arguments of the parties, both during the written phase of the proceedings and during the oral proceedings themselves. In contrast, decisions of the Examination/Opposition Divisions will often contain references to the minutes or other documents on file, which need to be referred to in order to fully understand the decision.
In order to avoid misunderstandings, parties to oral proceedings and their representatives are hereby informed that the following rule will in future apply.
At oral proceedings under Article 116 EPC, whether before an Examining Division, an Opposition Division or a Board of Appeal, no person other than an EPO employee is allowed to introduce any kind of sound recording device into the hearing room. Such a rule is in accordance with the general practice in the Member States of the European Patent Organisation.