(1) If the grounds in the contested judgment reveal that the law has been violated but the decision itself proves to be correct for other reasons, the appeal on points of fact and law is to rejected.
(2) Where the appeal on points of fact and law is deemed to be well-founded, the contested judgment is to be set aside. If the judgment is set aside on account of a defect in the proceedings, the proceedings are also to be set aside insofar as they are affected by the defect.
(3) In the event of the judgment being set aside, the case is to be referred back to the Federal Patent Court for new proceedings and a new decision. The case may be referred back to a different Nullity Board.
(4) The Federal Patent Court is also to base its decision on the legal assessment on which the setting aside was based.
(5) The Federal Court of Justice may itself take a decision on the case if this appears expedient. It is itself to take a decision if the case is ready for a final decision.