7.2.2 Ex parte appeal proceedings

In ex parte appeal proceedings too, if a document is relied upon for the first time during the appeal proceedings and it is admitted because it is relevant, the case has often been remitted to the department of first instance (see e.g. T 28/81, T 147/84, T 170/86, T 198/87, T 205/87).

In T 991/01 the examining division sent the appellant a computer-generated translation of a Japanese patent application after the oral proceedings before it, and no copy was kept in the file, so that the board of appeal was unaware of its existence until the appellant referred to it in the oral proceedings before the board. The case was remitted.

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