In TÂ 643/96 the examining division relied in its decision on a document for which it gave only incomplete bibliographic data. The board held that the examining division's failure to provide the applicant with a copy of the document did not amount to a substantial procedural violation (regarding the right to be heard) because the document added nothing to the case, and contained only information already known to the applicant.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_b_2_3_5.htm
Date retrieved: 17 May 2021