No absolute right to have issue decided on by two instances 

It is established case law that there is no absolute right to have an issue decided upon by two instances. See, for example, T 133/87, T 249/93, T 83/97, T 402/01, T 399/04 and T 1252/05. This is the case even if as a consequence the patent is revoked for the first time by the board of appeal (see e.g. T 557/94, T 839/05). Other criteria, e.g. the general interest that proceedings are brought to a close within an appropriate period of time, have also to be taken into account by the board when deciding whether or not to remit a case (T 839/05).

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