If an examining or opposition division has exercised its discretion under Rule 116 to refuse late-filed facts, evidence or requests, its decision must give the reasons for its refusal. A mere reference to the discretionary power given under Rule 116 is not sufficient (see T 755/96). For details on how to exercise this discretion, see H‑II, 2.7.[Rule 116; ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_x_2_10.htm
Date retrieved: 17 May 2021