tag:blogger.com,1999:blog-2352189175211648260.post7805341900782850318..comments2023-10-24T14:45:41.342+02:00Comments on K’s Law: T 608/08 – No Slidingorhttp://www.blogger.com/profile/07992102028406713066noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-2352189175211648260.post-58944709428280049692010-12-05T16:39:08.972+01:002010-12-05T16:39:08.972+01:00The roles played by examiners in three-member Oral...The roles played by examiners in three-member Oral Proceedings are approximately as follows.<br /><br />Besides taking down notes for the minutes, the 2nd examiner also acts as an usher and a gopher. IDs must be checked, new documents reproduced for all present and originals kept for the record. The 2nd examiner will often be the one who liaises with the interpreters, i.e., tell them what to generally expect, provide them with a copies of the file, and advise them on the special terminology of the field. <br /><br />The Chairman traditionally sits in the middle, with the 1st examiner to his right. He is something of a Monsieur Loyal, as his role is really to keep the circus under control. Late filed requests, authority of the parties present, novel lines of arguments, special requests such as interventions by accompanying persons or PowerPoint presentations, ordering of the questions to be discussed (e.g. Main Request: 123(2), novelty, I.S.; 1st auxiliary: usw...), making sure that everyone's right to be heard was respected, announcing the division's opinion, and of course, pronouncing the decision at the end, are some of his tasks.<br /><br />Statements made by parties are often reformulated or repeated by the Chairman to make sure everyone understood (especially when a party is mumbling and/or downright blithering - I have a lot of admiration for interpreters), and to provide a few seconds for the division to think. The Chairman is the member who usually talks the most. I think the secret is to never let yourself be rushed, i.e., stop the debates whenever necessary, even if it takes 5 minutes to get the crowd in and out of the room, and let the division decide on a course of action. <br /><br />The 1st examiner has of course (?) the deepest understanding of the technical aspects of the invention and of the procedural history. He will often discuss or recapitulate the facts at the behest of the chairman.<br /><br />Minutes are prepared by the 2nd member, and approved by him and the chairman (the presence of two signatures might explain the appellant's confusion). No involvement of the 1st examiner is foreseen, even though the draft <i>may</i> be informally circulated to him for avoiding any blatant nonsense or discrepancies with the grounds for the decision. <br /><br />The Board stated:<br /><br /><i>A 116 is a concrete form of the general right to be heard under A 113(1) and only confers a right to oral expression, but not a right to use technical means.</i><br /><br />I wonder whether the Board only have only beamers ans laptops in mind, or also considered the broader context of the nature of Oral Proceedings. I'm thinking here of the use of video conference facilities in examination OPs. I can't identify the chain of authority starting with the Articles of the EPC which would allow the President to authorize the use of ViCos in the conduction of examination OPs, i.e., something akin to Rules 2(1) and 127 EPC defining the technical means which can be used in the context of "Schriftverkehr".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-92162029547190606502010-12-03T10:48:08.746+01:002010-12-03T10:48:08.746+01:00The minute taker is usually the 2nd member of the ...The minute taker is usually the 2nd member of the OD unless there is a legal member added in the division. In this case, according to file inspection, there was none. It is curious that reference is made the minute writer, may be the appellant saw the chairman taking notes and mixed up the roles...Manolisnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-89936208981710764602010-12-03T10:14:01.439+01:002010-12-03T10:14:01.439+01:00Indeed the Protokollführer is the minute taker, us...Indeed the Protokollführer is the minute taker, usually the 2nd examiner of the OD. The "Protokollführer" is referred to in the decision of the BoA because it is him that was mentioned by the appellant in its grounds of appeal...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2352189175211648260.post-91886078468679530662010-12-03T01:39:29.398+01:002010-12-03T01:39:29.398+01:00The Protokollführer is indeed the minute taker. Th...The Protokollführer is indeed the minute taker. That he or she is being referred to in the decision and not the chairman (Vorsitzende) of the OD is curious.Myshkinnoreply@blogger.com