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.

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