1.3.7 Submission substantially changing points at issue

In T 921/94 the board held that the appellant's bona fide submissions and the technical information provided by its test report substantially changed the points at issue, and that the examining division had a legal obligation under Art. 96(2) and 113(1) EPC 1973 to inform the appellant of the objections under the EPC arising in the new situation and to invite it to file further observations before issuing a decision to refuse the application (see also T 1154/04).

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