CLR III B 2.2.1 Appeal proceedings

When reviewing appeal proceedings, the Enlarged Board's review is limited to "fundamental" violations of the right to be heard. This requires a causal link between the alleged violation and the final decision. Such a causal link does not exist when, even if a procedural violation can be demonstrated, the same decision would have been taken for other reasons (see chapter V.B.4.3.2 "Fundamental violation of Article 113 EPC – causal link").

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EPC Articles

Case Law Book: III Amendments

Case Law Book: V Priority