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Case Law of the Boards of Appeal

 
 
2.6.3 General principles

The examination of whether the requirements of Art. 108, third sentence, EPC are met has to be made on the basis of the contents of both the statement of grounds of appeal and of the decision under appeal (T 162/97). Whether a statement of grounds meets the requirements of Art. 108 EPC 1973 can only be decided on a case-by-case basis (T 165/00).