2.1. Sources of legitimate expectations

Sources of legitimate expectations include information provided by the EPO in individual cases, e.g. in the form of communications to the party (see in this chapter III.A.3.1.), telephone conversations (see in this chapter III.A.3.2.), “second” decisions (see in this chapter III.A.3.6.) and individual acts by other patent offices (J 13/03, J 34/03). They also include information contained in official statements of general applicability and published by the EPO (e.g. the Guidelines and the OJ; see in this chapter III.A.3.7), established practice of departments of the EPO, and decisions taken by the Enlarged Board because of its special role (see J 25/95, J 13/05; see also T 905/90, OJ 1994, 306, Corr. 556). The case law of the boards of appeal may also be a source of legitimate expectation, in particular if it is established case law which has become enshrined in the consistent practice of the department of first instance (see J 27/94, OJ 1995, 831; see also in this chapter III.A.6.). Courtesy services provided by the EPO may also be a source of legitimate expectation (see e.g. J 1/89, OJ 1992, 17, J 10/17; see also in this chapter III.A.3.2.).