In T 149/02 the board stated that the two general principles of procedure – prohibition of reformatio in peius and the devolutive effect of the appeal, which conferred on the board the power to consider its subject-matter – were complementary and had to be implemented in such a way that they did not exclude each other.

The question of law referred to the Enlarged Board of Appeal in G 9/92 date: 1994-07-14 and G 4/93 (both OJ 1994, 875) asked whether and to what extent a board of appeal could depart from the request formulated in the notice of appeal when deciding opposition appeal proceedings, to the disadvantage of the appellant.