Written announcement of the decision in case of a pending referral to the EPO Board of Appeal

According to the revised RPBA, the practice of the Board of Appeal not to pre-empt a question pending before the Enlarged Board of Appeal in a parallel case can also be taken into account by not announcing the decision at the end of the oral proceedings, but by indicating a date on which the decision is to be despatched according to Art 15 (9) (b) RPBA if the decision of the Enlarged Board of Appeal is to be expected in the foreseeable future. The decision can then be issued on the indicated date as a final decision if the Enlarged Board of Appeal confirms the opinion of the Board of Appeal discussed with the parties in the oral proceedings, or as an interlocutory decision that oral proceedings are to be reopened if this is not the case (EPO Board of Appeal, 29/10/2021, T 245/18).