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Case Law of the Boards of Appeal

 
 
1.3.17 Mere reference to jurisprudence of the boards of appeal

The mere reference to jurisprudence of the boards of appeal does not, by itself, constitute or replace an argument in a first instance decision. If a deciding body, in a decision, wants to rely on an argument put forward in a decision of the boards it is insufficient merely to refer to it or to recite it. The deciding body must also make clear that it adopts the argument and explain why, in what respect and to what extent this argument applies to the case at hand (T 1205/12, T 1206/12).