3.3.8 Violation of the right to defend a case

In T 1872/08 the board decided that in not admitting the additional comparative tests offered by the patentee, the opposition division had not taken into account that the patentee deemed further comparative data to be absolutely necessary in order to overcome its objections as to inventive step. The opposition division had thus deprived the patentee of the possibility to defend its case effectively. See also T 2294/12, in which the examining division had disregarded comparative tests.