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Case Law of the Boards of Appeal

 
 
c)
References to communications 

See also below point 4.3 "Decisions according to the state of the file".

In T 897/03 the board held that a decision that leaves it to the appeal board and the appellant to speculate as to which of the reasons given by the examining division in different communications might have been decisive for the refusal of the application, could not be considered to meet the requirements of R. 68(2) EPC 1973 (see also T 652/97 and T 278/00, OJ 2003, 546).

In T 963/02 the board stated that if a decision was merely reasoned by a reference to a preceding communication, the requirement of R. 68(2), first sentence, EPC 1973 was only met if the communication referred to itself fulfilled the conditions defined in T 897/03 and T 278/00 above.