Board Member Impact on Appeal Outcome
The fact which Board Members are responsible for your case can already provide certain insights on the potential outcome. There are several examples, where even if the same Chairperson handles the matter, the outcome differs just by knowing who the other Board Members are.
The below examples show the Appeal Outcome performance from the point of view of the Opponent.
The Chairperson is the same, while the Technical Board Member composition is different between the two examples. We clearly see that in the composition as shown on the left-hand side the Opponent win-rate was 41.2%. This is significantly larger compared to the other Board composition. The other Board composition is less "Opponent friendly", since the Opponent had a lower win-rate (29%) before that Board composition.
Being aware of such differences will enable you to prepare even better for your Oral Proceedings and will also make a difference in handling client expectations. After all, this is the last chance of yours to safe your client's application or patent.
Clearly, during Oral proceedings or when responding to the Rapporteur opinion in preparation to the Oral proceedings, knowing the appeal outcome stats of your responsible board member will empower you to implement a more solid strategy on behalf of your client.
|Chairperson PM & Board Member WG
||Chairperson PM & Board Member RO
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