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").
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_b_2_2_1.htm
Date retrieved: 17 May 2021