T 0951/91 (Late submission) of 10.03.1994

I. The discretionary power given to the departments of the EPO pursuant to Article 114(2) EPC serves to ensure that proceedings can be concluded switftly 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 0156/84, OJ EPO 1987, 372, qualified).

II. The fact that the Opposition Division relies on the arguments presented by the Patentee to reject the opposition cannot be equated with a substantial procedural violation. When the content of the file does not reveal any basically and/or conspicuously wrong analysis, nor anything manifestly unreasonable in the reasoning, there is no ground to suspect bias (Reasons, point 14.1).

III. Although an Opposition Division or Board of Appeal has the power under Article 104 EPC to make an award of costs against a party if it is equitable to do so, the Boards of Appeal have no power to make an award of costs against the EPO if (which did not arise) it regards the decision of an Opposition Division as unsatisfactory (Reasons, point 16).