9. Remittal to the department of first instance
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  8. 9.2. Exercise of discretion to remit
  9. 9.2.2 Remittal and admittance of auxiliary requests
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9.2. Exercise of discretion to remit

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9.2.2 Remittal and admittance of auxiliary requests

There is no right of the parties to choose in which form the board should exercise its competences under Art. 111(1) EPC. Thus, the board is entitled to decide on the issue of admittance of the auxiliary requests without being bound to the respondent's request for prioritisation of the request for remittal (T 1731/19; see also T 238/19).

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