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Case Law of the Boards of Appeal

 
 
b)
Complexity of new subject­matter 

Some boards have held that new submissions should normally be disregarded if the complexity of the technical or legal issues raised is such that clearly neither the board nor the other party can expected to deal with them without adjournment of the oral proceedings. Complex fresh subject­matter filed at short notice before or during oral proceedings runs the risk of being not admitted to the proceedings without any consideration of its relevance or allowability (see T 633/97, T 1050/00, T 1213/05).

In T 1044/04 the board stated that the late-filed document was a relatively short document which did not raise further complex substantive questions with regard to technical or legal issues complicating the appeal proceedings. Thus the board decided to admit the late-filed document D6 into the appeal proceedings (see T 633/97, T 787/00).