4.3 Facts and submissions

Facts and submissions have to be given insofar as they are significant for the decision.

Under facts, a brief description of the case and a summary of the main reasons on which the decision is based and of the most important replies of the parties should be given. These points, however, are to be covered in detail in the subsequent reasoning. For general aspects relating to facts and submissions, see E-X, 1.3.2. Facts and submissions which are irrelevant to the decision, e.g. requests for amendment which are not maintained, are to be omitted. It must be ensured that the facts and submissions are consistent with the contents of the minutes of oral proceedings (also see E-III, 10.3).

The facts and submissions must clearly indicate what is the subject of the application and show on which documents (in particular which claims) the decision is based. The text of the independent claim(s) and other especially important claims or passages of the description on which the decision is based must be cited verbatim in the language of the proceedings (Rule 3(2)) either by copying the text into the decision or annexing a copy of the claims. As regards the dependent claims, it may be sufficient to refer to the file content.

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