4.5.5 Admittance of new facts, objections, arguments and evidence
In T 526/21 a decision and an opinion were handed down by a UK court (D49) and a Swiss court (D50) respectively in national proceedings concerning the patent at issue and filed by appellant 1 (opponent 1) after summons to oral proceedings had been notified. The board noted that, according to established case law, in the interest of the harmonisation of national and international rules of law, the boards of appeal will take into consideration decisions and opinions rendered by national courts in interpreting the law (G 5/83, OJ 1985, 64, point 6 of the Reasons). Such considerations did not exonerate a board from its duty as an independent judicial body to interpret and apply the EPC (T 154/04). The board acknowledged exceptional circumstances in the sense of Art. 13(2) RPBA and admitted the documents into the appeal proceedings. See also T 1057/21.