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CLR V A 4.13.5.B Test reports not admitted into the proceedings

CLR V A 4.13.5.A Test reports admitted into the proceedings

In T 192/09 the late filing of the additional experimental report could not be seen as an abuse of procedure. The new results had been submitted one month before the oral proceedings, in accordance with the instructions of the board. This had provided the respondent with adequate time to examine the data, decide if counterexperiments were necessary and assess whether it was feasible to provide these within the available time.

CLR V A 4.13.5 Late submission of experimental data

a) Test reports admitted into the proceedings

b) Test reports not admitted into the proceedings

CLR V A 4.13.4.B Abuse of procedure (yes)

In some cases the boards of appeal have disregarded late-filed material on the grounds of abuse of procedure.

CLR V A 4.13.4.A No abuse of procedure

CLR V A 4.13.4 Cases of abuse of procedure

a) No abuse of procedure

b) Abuse of procedure (yes)

CLR V A 4.13.3 Complexity of new subject‑matter

CLR V A 4.13.2 Relevance

CLR V A 4.13.1.C Evidence of common general knowledge

Belated submissions may be taken into account as evidence of alleged common general knowledge, where such knowledge has been disputed (T 106/97, T 1076/00).

CLR V A 4.13.1.B Late-filed submissions admitted