3.2. Pointing out the right to appeal in accordance with Rule 111(2) EPC

Under R. 111(2) EPC appealable EPO decisions must be accompanied by a communication pointing out the possibility of appeal and drawing the attention of the parties to Art. 106 to 108 EPC, which specify how to file appeals.

However, the parties cannot invoke any omission to communicate this possibility; see R. 111(2), second sentence, EPC. According to T 42/84 (OJ 1988, 251), the EPO's failure to enclose the text of Art. 106 to 108 EPC with the decision neither invalidated the decision nor amounted to a substantial procedural violation. See also T 231/99 and T 493/08.