T 0738/20 vom 11.07.2024

Novelty - main request (no)
Late-filed request - justification for late filing (yes)
Late-filed request - admitted (yes)
Late-filed evidence - justification for late filing (yes)
Late-filed evidence - admitted (yes)
Stay of proceedings in view of a pending referral to the Enlarged Board of Appeal (no)
Obligation to raise objections - objection raised (yes)
Obligation to raise objections - objection dismissed
Remittal to the department of first instance

1. Parties are free to formulate requests conditional on the board's findings on questions to be decided. The condition may also relate to the board's underlying reasons. (Reasons 4.4)
2. A party cannot, through such conditional requests, oblige the board to provide its full reasons for its decision before the final decision is issued. (Reasons 4.6)
3. Conditional requests that are conditional on the board's reasons can also contribute to procedural efficiency and can help the board to reach a decision without having to discuss issues that may turn out not to be decisive for the final outcome of the appeal. However, such requests do not bind a board in the sense that a party can oblige the board to conduct the proceedings only in a particular order or only restricted to particular issues as a party wishes, thereby possibly avoiding undesirable outcomes for that party. In proceedings involving several parties other parties are also free to argue why the board should not allow such a conditional request. In principle, the board is free to conduct the proceedings in any appropriate order and to discuss any issue, as long as the relevant substantive and procedural requests of the parties are properly considered and decided. (Reasons 4.7 and 4.8)