4.1.3 Communication under Rule 111(2) EPC

Under R. 111 EPC (formerly R. 68 EPC 1973), decisions of the EPO which are open to appeal shall be accompanied by a written communication of the possibility of appeal. The Rule explicitly states that the parties may not invoke the omission of the communication. According to T 42/84 (OJ 1988, 251), this applies equally to the omission of the text of the articles alone. The failure of the Office to enclose the text of Arts. 106 to 108 EPC with the decision thus neither invalidated the decision nor did it constitute a substantial procedural violation. See also T 231/99 and T 493/08.

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