T 0501/92 (Alphanumeric Display) vom 01.06.1995

I. If a new ground for allowing the appeal based upon the facts set out in the file record is raised by an Appellant for the first time as a new argument during oral proceedings at which the Respondent is voluntarily absent, it would be contrary to Article 113(1) EPC and contrary to the principles underlying decision G 0004/92 (OJ EPO 1994, 149) to decide to allow the appeal on the basis of this new ground without first giving the Respondent an opportunity to comment thereon.

II. Any procedural request made by a party to first instance proceedings before the EPO is not effective or applicable within subsequent appeal proceedings (following decision T 0034/90, OJ EPO 1992, 454).

III. In a Notice of Appeal, the statement pursuant to Rule 64(b) EPC of the "extent to which amendment or cancellation of the decision is requested" defines the legal framework of the appeal proceedings (following Decision G 9/92, OJ EPO 1994, 875).

IV. In admissible opposition appeal proceedings, in the absence of a "request" or reply from a Respondent indicating that the decision of the Opposition Division should not be amended or cancelled, a Board of Appeal must still examine and decide whether the appeal is allowable, in accordance with Articles 110 and 111 EPC.