T 0951/91 (Late submission) of 10.03.1994

The discretionary power given to the departments of the EPO pursuant to Article 114(2) EPC serves to ensure that proceedings can be concluded swiftly in the interests of the parties, the general public and the EPO, and to forestall tactical abuse. If a party fails to submit the facts, evidence and arguments relevant to their case as early and completely as possible, without adequate excuse, and admitting the same would lead to an excessive delay in the proceedings, the boards of appeal are fully justified in refusing to admit them in exercise of the discretion provided by Article 114(2) EPC (reasons, point 5.15; T 156/84, OJ EPO 1988, 372, qualified).