Quick Navigation

 

Case Law of the Boards of Appeal

 
 
1.3.14 Auxiliary requests

In R 6/11 the Enlarged Board made it clear that a party has no absolute right under Art. 113(1) EPC to be heard separately on each and every one of its auxiliary requests, either at all or in its chosen order of preference. The article confers a right to comment on the grounds for a decision, and not a right to comment on individual requests or repeat comments on grounds applying to two or more requests. Thus, the requirement that the parties have an opportunity to comment on the grounds for a decision is, by definition, satisfied if those grounds are the grounds for a decision on the main request (or another auxiliary request) and the remaining requests are refused on the same grounds.