2.8. Cases where admissibility of appeal need not be considered

In appeal proceedings in which the question of allowability of an appeal can be readily decided (i.e. the appeal is clearly unallowable) but no decision on its admissibility can be taken yet, the issue of admissibility of the appeal can be left open (T 1467/11). Similarly, in a number of decision on petitions for review under Art. 112a EPC, the Enlarged Board of Appeal did not arrive at a final conclusion as to whether the petition in question was clearly inadmissible, because it found the petition to be clearly unallowable (T 2023/09).

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