c) Direct link between the contested decision and the statement of grounds of appeal

There must be a causal relationship between the arguments in the statement of grounds of appeal and the reasons given in the decision under appeal (T 2012/16). The absence of any correlation of the ground of appeal to the decision under appeal is detrimental to the admissibility of the appeal (T 349/09). See also T 1561/15.

In J 22/86 the appellant had made no submissions regarding the causal relationship between the reasons given in the statement of grounds of appeal and the asserted invalidity of the findings of the decision impugned. If no causal relationship were required, any submission, even one not connected with the reasons on which the decision impugned is based, would be acceptable. This would render the provisions of Art. 108 EPC moot. Whilst the grounds do not have to be conclusive in themselves, i.e. justify the setting aside of the decision impugned, they must enable the board to assess whether or not the decision is incorrect. The appeal was rejected as inadmissible.

In T 223/14 the amended claims had obviously been filed with the intention of clarifying existing features and so overcoming the objection underlying the finding of a lack of novelty. They therefore did not constitute a completely new set of facts and thus there was a sufficiently direct link (see T 2532/11) between the decision under appeal and the statement of grounds of appeal. See also T 1750/16.

In T 123/17 the board noted that the concept of a clear and direct link is not an additional requirement for the admissibility of the appeal but simply a means of expressing the requirements of Art. 108, third sentence, EPC in conjunction with R. 99(2) EPC.