2.4.6 Mere reference to jurisprudence

In T 1205/12 the board stated that according to established jurisprudence of the boards of appeal Art. 113(1) EPC is contravened where facts and arguments, which from the appellant's submissions are clearly central to his case are completely disregarded in the decision. The board held that the applicant's arguments had not been dealt with in the impugned decision and stated that the mere reference to jurisprudence of the boards of appeal does not, by itself, constitute or replace an argument in a first instance decision. If a deciding body, in a decision, wants to rely on an argument put forward in a decision of the boards it is insufficient merely to refer to it or to recite it. The deciding body must also make clear that it adopts the argument and explain why, in what respect and to what extent this argument applies to the case at hand (see also T 1206/12).

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