5.4 Late-filed submissions

If an examining or opposition division has exercised its discretion under Rule 116 to refuse late-filed facts, evidence or requests, its decision must give the reasons for its refusal. A mere reference to the discretionary power given under Rule 116 is not sufficient. The same applies to the exercise of an examining division's discretion to refuse amendments under Rule 137(3) (see T 755/96). For details on how to exercise this discretion, see H‑II, 2.7.

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