Composition of An Opposition Division
According to Article 19(2) EPC, "n Opposition Division shall consist of three technically qualified examiners, at least two of whom shall not have taken part in the proceedings for grant of the patent to which the opposition relates. An examiner who has taken part in the proceedings for the grant of the European patent may not be the Chairman." Violations of Article 19(2) EPC are considered to be substantial procedural violations.
Read more about this topic: Opposition Procedure Before The European Patent Office
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—Derek Gjertsen, British scientist, author. Science and Philosophy: Past and Present, ch. 3, Penguin (1989)
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