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For the EPO's failure to deliver the opponent's statement of grounds of appeal to the patentee (respondent) see chapter V.B.4.3.19 "Successful petitions under Article 112a(2)(c) EPC".

CLR III B 2.3.7 Change of provisional opinion

CLR III B 2.3.6 Reliance on the International Preliminary Examination Report (IPER)

CLR III B 2.3.5 Document cited containing information already known

In T 643/96 the examining division relied in its decision on a document for which it gave only incomplete bibliographic data. The board held that the examining division's failure to provide the applicant with a copy of the document did not amount to a substantial procedural violation (regarding the right to be heard) because the document added nothing to the case, and contained only information already known to the applicant.

CLR III B 2.3.4 Documents supplied by applicants but used against them

The right to be heard has not been observed if a decision to refuse an application is based essentially on documents which, though supplied by the applicant in support of his case, are used against him to produce an effect on which he has not had an opportunity to make observations (see T 18/81, OJ 1985, 166 and T 188/95).

CLR III B 2.3.3 Opportunity to comment on evidence

CLR III B 2.4.3 No obligation to address each and every argument

CLR III B 2.4.2 Decision must demonstrably show that arguments were heard and considered

CLR III B 2.4.1 General principles

CLR III B 2.4 Consideration of the parties' arguments, submissions and evidence

CLR III B 2.3.8 Statement of grounds of appeal not received by respondent