1.3.15 Communicating to the applicant the reasoning on which the objection for a refusal is based

In T 435/07 the board held that the grounds on which a decision were based had to be communicated to the applicants in such a way that they are put in the position to defend their rights. It was not sufficient to raise an objection without giving the factual details on which this objection was based and then leave it to the applicants to formulate the counterarguments. An objection against the grant of a patent had to be raised in such a way that the applicants were able to understand its factual basis and to react accordingly without having to guess first what the examining division might have had in mind.

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