2.2.6 No communication under Article 101(1) EPC

According to the board in T 2382/19, the opposition division had not violated the principle of the protection of legitimate expectations by not issuing communication including its preliminary opinion before giving its written decision. Article 101(1) EPC did not require as a matter of principle that the grounds for not maintaining the patent invariably be set out in a communication, but only if this was "necessary" (see chapter IV.C.6.2).