Where the decision of the opposition division contained obvious mistakes, causing the decision under appeal to be contradictory and legally obscure such that it was unclear whether the appellant was adversely affected, this constituted a substantial procedural violation and the board remitted the case to the department of first instance for further prosecution (T 616/08).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_7_7_2_d.htm
Date retrieved: 17 May 2021