2.2. Decisions within the meaning of Article 113(1) EPC

Article 113(1) EPC requires that decisions may only be based on grounds on which the parties concerned have had an opportunity to present their comments.

In T 2175/15 date: 2023-06-23 the board found that the contents of a communication stating the board's preliminary opinion could not constitute a violation of the right to be heard. This already followed from the wording of Art. 113(1) EPC. It was far more the case that a communication stating the board’s provisional opinion was to be seen as safeguarding the parties’ right to be heard.