In case R 8/17 the Enlarged Board of Appeal recalled that an objection under R. 106 EPC must be expressed and specific. The petitioner claimed that it raised the objection in the oral proceedings but neither the minutes – it had not been requested that they be corrected because incomplete – nor the written reasons contained any indication of such an objection. Furthermore, the affidavit of the petitionner's representative submitted with the petition did not assist the petitionner on this crucial point.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_g_4_2_1_f.htm
Date retrieved: 17 May 2021