2.1. Introduction of a new claim, relevant document or new argument

In a case where an opposition division or a board of appeal feels bound by Art. 114(1) EPC to examine new facts or evidence submitted for the first time during oral proceedings, it must, in accordance with Art. 113(1) EPC, give the other parties the opportunity to comment before issuing a reasoned decision based on such facts or evidence (G 4/92, OJ 1994, 149; see also T 484/90, OJ 1993, 448; with regard to late submission see T 330/88, T 356/94 and Chapter IV.C.1). The same principle has also been applied to decisions of examining divisions (see e.g. T 376/98). The applicant does not have a right in principle to continuation in writing; the party’s right to be heard under Art. 113(1) EPC is also observed if the applicant is given an adequate amount of time to study the document and present comments. How much time is sufficient depends on the nature of the newly introduced document and the preceding procedure (T 2434/09, see also the decisions summarised below).

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