In T 405/12, the board found that it was not clearly apparent from the contested decision of the opposition division which claims had belonged to the main request it dealt with and so unclear which request had been ruled on. That made it impossible for the board to review the decision, and this alone meant the first-instance proceedings had been vitiated by a fundamental deficiency within the meaning of Art. 11 RPBA 2007.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_7_7_2_e.htm
Date retrieved: 17 May 2021