Violation must be of procedural nature 

In T 12/03 the board stated that a substantial procedural violation is an objective deficiency in the procedure in the sense that the rules of procedure have not been applied in the manner prescribed by the Convention. According to J 6/79 (OJ 1980, 225), the giving of incorrect information by the EPO about the rules of procedure, which, if followed by the applicant, could lead to the same consequences as the incorrect application of those rules, could also be considered as lying within the scope of a "procedural violation". In T 690/06 the board held that an error of judgment on substantive issues by the examining division did not constitute a "procedural" violation (see also T 698/11). See also in this chapter IV.E.8.4.5.

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