2.2.2 Change of provisional opinion after oral proceedings

In T 68/94 the appellant submitted that the opposition division had violated Art. 113 EPC 1973 by changing its provisional opinion after the oral proceedings without giving the appellants an opportunity to comment on the grounds, which had not been stated before, on which the contested decision was based. The board pointed out that provisional opinions were never binding. The purpose of oral proceedings was to summarise and discuss the parties' arguments. All the arguments in the case had been known to both parties.

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