The decisions of a board of appeal may only be based on grounds or evidence on which the parties have had an opportunity to present their comments (Art. 113(1) EPC), and a patent application or a patent may only be examined in the text submitted or agreed by the applicant or proprietor of the patent (Art. 113(2) EPC). For general information on the right to be heard under Art. 113 EPC, see chapter III.B. "Right to be heard".

In most petitions for review, the alleged fundamental violation of Art. 113(1) EPC is among the grounds on which the petition is based. All petitions for review that have been successful so far concern a fundamental violation of Art. 113 EPC (see in this chapter V.B.4.3.19 and in this chapter V.B.4.4.3).