T 2117/18 vom 17.05.2022

Statement of grounds of appeal - party's complete case
Statement of grounds of appeal - insufficient substantiation of objection
Late-filed objection - exceptional circumstances (no)
Inventive step - (yes)

In order to substantiate an objection in the appeal proceedings which the Opposition Division did not consider convincing, it is necessary to provide specific reasons why the finding and the reasoning in the decision under appeal is supposedly incorrect with regard to this objection (Reasons 2.2.2-2.2.11).
As a rule, in appeal proceedings general references to submissions made in the proceedings before the departments of first instance are not taken into account due to a lack of substantiation. Attaching the notice of opposition to the statement of grounds of appeal is to be considered equivalent to such a general reference to previous submissions (Reasons 2.2.13-2.2.14). An objection is to be considered to have been validly submitted only at the time on which sufficient substantiation is provided (Reasons 2.2.17).