T 0274/95 (Re-introduced ground of opposition) vom 02.02.1996

I. If a ground of opposition is substantiated in the notice of opposition but is subsequently not maintained during the Opposition Division proceedings (here: a statement to that effect is made by the opponent during oral proceedings), the Opposition Division is under no obligation to consider this ground further or to deal with it in its decision, unless the ground is sufficiently relevant to be likely to prejudice maintenance of the patent (following Opinion G 10/91).

II. A ground of opposition which is substantiated in the notice of opposition but which is subsequently not maintained before the Opposition Division, if sought to be re-introduced during appeal proceedings is not a "fresh ground of opposition" within the meaning of Opinion G 10/91, and may consequently be re-introduced into the appeal proceedings without the agreement of the patent proprietor, in the exercise of the Board of Appeal's discretion.