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CLR V A 3.5 Review of first-instance discretionary decisions

3.5.1 Principles applying to the review of first-instance discretionary decisions

3.5.2 Development of the case law on reviewing first-instance discretionary decisions

3.5.3 The boards' own discretion

CLR V A 3.4.2 Circumstances where the board need not examine facts of its own motion

CLR V A 3.4.1 Boards to examine facts of own motion

Art. 114(1) EPC, which also applies in appeal proceedings, requires the board to establish the facts of its own motion. See J 4/85, OJ 1986, 205; T 1800/07; T 1574/11.

CLR V A 3.4 Facts under examination – applying Article 114 EPC in appeal proceedings

3.4.1 Boards to examine facts of own motion

3.4.2 Circumstances where the board need not examine facts of its own motion

CLR V A 3.3 Patentability requirements under examination in ex parte proceedings

CLR V A 3.2.1.K Ambiguities in the claims

CLR V A 3.2.1.J Ground not properly substantiated by the opponent

CLR V A 3.2.1.H Fresh ground for opposition on appeal

CLR V A 3.2.1.G Abandonment of subject-matter

See also chapter V.A.4.12.13 "Reinstating broader claims in appeal proceedings".

CLR V A 3.2.1.F Removal of references in dependent claims

Claims which remain unchanged after the removal of the references in dependent claims need not be examined in opposition appeal proceedings to see if they contain grounds for opposition raised for the first time in those proceedings, unless the patentee consents (T 968/92).

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