2.6.6 Arguments need not be new or relevant

Whether the appellant's arguments are convincing or likely to be successful is irrelevant for the purposes of determining the admissibility of the appeal (T 1668/14).

In T 3/95 the board found that the fact that the points made in the statement of grounds of appeal did not go beyond those made before the opposition division did not detract from the admissibility of an appeal. A requirement that new arguments be submitted to render an appeal admissible would have implied that the appealed decision must have been correct. Nor did the appeal need to have a strong prospect of success.

The fact that some arguments were already presented during the opposition proceedings was not detrimental to the admissibility of the appeal (T 1074/12).

Irrelevancy and lack of cogency might lead to an unsuccessful outcome of the appeal, but did not of themselves render it inadmissible (T 65/96, see also T 922/05).

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