l) Right to be heard violated and no other party affected

In T 545/18 the appellant (applicant) submitted for the first time during the oral proceedings before the board that its right to be heard had been violated in the first-instance proceedings. The board considered that, given the great importance attached to the right to be heard in the EPC and in the case law and the facts that no other party was affected by the late raising of this objection and that the board was in a position to take a decision on this issue without postponing the oral proceedings, there were exceptional circumstances within the meaning of Art. 13(2) RPBA. See likewise T 2111/19.