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In T 1194/08 the opposition division indicated that E15, a late filed document, was accepted as a belated submission. In the oral proceedings, however, the opposition division decided to reject the document as having been filed late. In the opinion of the board, the opposition division was not entitled to reverse its admittance of the document during the oral proceedings.

CLR IV C 4.5.5 Abuse of proceedings

An abuse occurs where a party deliberately withholds documents for tactical reasons (see e.g. T 1019/92, T 724/03).

CLR IV C 4.5.4 Submission contrary to fair and expedient procedure

CLR IV C 4.5.3 Prima facie relevance

According to established case law of the boards of appeal, a decisive criterion for admitting late-filed documents is their prima facie relevance, see e.g. T 1002/92, OJ 1995, 605; T 212/91, T 931/06 and T 1883/12; for appeal proceedings, see chapter V.A.4.13.2.

CLR IV C 4.5.2 Review of discretionary decisions by the boards

CLR IV C 5.1 Admissibility of amendments

CLR IV C 5 Amendments in opposition proceedings

CLR IV C 4.7.2 Late submissions of new arguments in opposition proceedings

CLR IV C 4.7.1 New arguments – definition

CLR IV C 4.7 Late submissions of new arguments

CLR IV C 4.6 Party entitled to rely on earlier decision