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CLR III B 2.3.2 The meaning of "grounds or evidence"

CLR III B 2.3.1 General principles

Art. 113(1) EPC requires that decisions may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments.

CLR III B 2.3 Surprising grounds or evidence

2.3.1 General principles

2.3.2 The meaning of "grounds or evidence"

2.3.3 Opportunity to comment on evidence

CLR III B 2.2.2 First instance proceedings

CLR III B 2.2.1 Appeal proceedings

CLR III B 2.2 Causal link between the violation of the right to be heard and the final decision

2.2.1 Appeal proceedings

2.2.2 First instance proceedings

CLR III B 2.1 Violation of the right to be heard examined ex officio

The boards of appeal can examine the facts of the case of their own motion pursuant to Art. 114(1) EPC and verify whether or not Art. 113 EPC has been complied with by the departments of first instance (see e.g. T 186/02).