T 0842/24 vom 21.05.2026

Sufficiency of disclosure objection submitted in writing and not taken into account by the opposition division while maintaining the patent in amended form -
susbtantial procedural violation (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation
Evidence and new objection admitted into the proceedings forming the basis for the contested decision are part of the appeal proceedings (yes)
New document submitted on appeal in reply to evidence submitted shortly before the oral proceeding before the opposition division on the basis of which novelty was denied
admitted (yes) - fresh case on novelty
Remittal to the opposition division

There is no legal basis for reversing in appeal a decision by the opposition division to admit new evidence into the opposition proceedings and thus to retroactively reject in appeal specific facts which had been admitted into the appeal proceedings if that evidence formed the basis of the decision taken on substantive grounds. It cannot be derived from G 7/93 that the criteria stated therein for overruling the way in which a department of first instance has exercised its discretion also apply to the case where evidence was admitted and the decision taken on substantive grounds was based thereon. (see Reasons 4.1 to 4.6)