2.7. Information provided in the Guidelines

The board in T 1607/08 recalled that the Guidelines published by the EPO were one of the sources of legitimate expectations. Therefore, where the Guidelines gave the clear indication that the continuation of the opposition proceedings had to be communicated to the patent proprietor, the latter was entitled to expect that such information would be given before a decision on the substantive issues was issued. Otherwise, as in the case in hand, the decision to revoke the contested patent would come as a surprise to the patent proprietor.