j) Adverse effect of a reversal of the burden of proof cited in support of a request for review 

In R 21/10 the Enlarged Board ruled that a board's alleged reversal of the burden of proof is not a ground for review, these being exhaustively listed in Art. 112a(2)(a) EPC to Art. 112a(2)(e) EPC and R. 104 and 105 EPC. It found that, in any event, the technical board concerned – far from reversing the burden of proof – had merely applied the rule that each party bears the burden of proving the facts it asserts.