Even under the assumption that the information given by a technical board of appeal on a decision of the Enlarged Board of Appeal was unclear, parties are deemed to know the case law, at least when represented by an authorised representative. Thus, a party cannot plead lack of such knowledge as an excuse (R 4/09).

It is not sufficient to claim that the duration of the oral proceedings resulted in a violation of the right to be heard. The petitioner must rather establish that, for reasons of lack of time, it was deprived of the possibility to defend its case properly, resulting in a decision based on grounds that it did not have an opportunity to comment upon (R 2/12 of 17 October 2012 date: 2012-10-17).