3.7.4 Examples of invalid objections

The following are examples of acts that the respective boards have found did not qualify as an objection under R. 106 EPC:

– contesting insufficiency of disclosure or offering new documents (R 7/08)

– requesting that a late-filed document not be admitted into the proceedings (R 9/09, R 17/10)

– protesting against the hearing of an expert (R 2/11)

– an objection against the board raising a new line of argument or a request for remittal or postponement (R 14/11)

– requesting that a board make a statement on the scope of a claim, the request being repeatedly refused (R 3/14)

– a statement (a remark) that failure to admit an auxiliary request would be a violation of the party’s right to be heard (R 6/22)