(1) The Boards of Appeal take their decisions on the basis of their deliberations and a vote. Only that number of members of the Board of Appeal determined by law may participate therein. In addition to the members of the Boards of Appeal appointed to take the decision, only those persons employed at the Federal Patent Court as part of their training may attend the deliberations and the vote, provided that the presiding judge permits them to be present.
(2) The Boards of Appeal take their decisions by majority vote; in the case of a tied vote the vote of the presiding judge prevails.
(3) The members of the Boards of Appeal cast their votes according to seniority of service, in the event of equal seniority according to age; a younger member votes before an older member. If a reporting judge has been appointed, he or she votes first. The presiding judge is the last to vote.