1. The provisions concerning the exclusion of documents from file inspection lay down exceptions from the principle of public inspection of files pursuant to Article 128(4) EPC, thus requiring a narrow construction of these provisions. In particular if a key document relating to a fundamental issue in an inter partes case, such as contested admissibility of an opposition, is concerned, a strict standard has to be applied.

2. In view of the public interest in accessing evidence relevant for deciding a case, a merely abstract prejudice to hypothetical personal or economic interests is not a sufficient bar in this connection. The party requesting such exclusion should rather show that public access to certain documents would be prejudicial to specific and concrete personal or economic interests.