T 0989/23 vom 04.04.2025

Inventive step - partial technical problems
Claims - clarity after amendment
Amendment to case - exercise of discretion
Fundamental procedural defect

A board has the power to review an opposition division's procedural decision to consider late submissions filed in opposition proceedings. Otherwise, the parties' right to a judicial review of an essential part of the opposition division's decision would be denied. Moreover, on appeal, a board would be compelled to accept a legal and factual framework even if it is based on an erroneous exercise of discretion (point 9.7 of the Reasons).