1 When an International Preliminary Examination Report drawn up by the EPO under the PCT is relied on by the Examining Division, such reliance should not be presented to applicants in such a manner as to suggest that the Examining Division has not given objective consideration to the patentability requirements of the EPC. An Examining Division has discretionary powers under the EPC which it should not surrender, or appear to surrender, by mere adoption of such a Report. The standard form used by the EPO for such Reports suggests they are confined to three patentability considerations under the PCT (novelty, inventive step and industrial applicability). Other objections raised under the patentability requirements of the EPC should be particularly drawn to the applicant's attention. (See Reasons, paragraphs 4, 6 and 7.)

2 When an appellant has suffered such a serious denial of justice that it would be unsafe to allow the decision under appeal to stand, setting that decision aside and remitting the case to the first instance gives the appellant the opportunity to have its case examined de novo and according to proper procedural standards as if the decision under appeal and the proceedings which led up to it had never taken place. (See Reasons, paragraph 13.)

3 When remitting a case to the first instance after finding procedural violations have occurred, the number and/or seriousness of those violations may make it appropriate, notwithstanding the absence of possible bias, for the further prosecution of the case to be conducted by a differently composed first instance in order to ensure so far as possible there are no further grounds for dissatisfaction on the part of a party. (See Reasons, paragraphs 14 and 15.)