1.3.9 Important facts and arguments

In T 763/04 the board held that Art. 113(1) EPC 1973 is contravened if facts and arguments which according to the appellant are clearly central to his case and could present a challenge to the decision in question were completely disregarded in that decision. The right to be heard is contravened if the decision of the department of first instance fails to mention or take into consideration important facts and arguments which could present a challenge to that decision. See also T 1898/11, T 1206/12.

According to T 740/93, in addition to the logical chain of facts and reasons, the decision should include some motivation on the crucial points of dispute. In T 1557/07 the board held that the examining division had commented on the crucial points of dispute, thus giving the applicants a fair idea of why their submissions were not considered convincing.

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