7.3.4 Requests for remittal

There is no need for a party to request that a case be remitted; remittal is at the boards' discretion and can be ordered without any request. Not even Art. 11 RPBA 2007 requires a request for the special case of remittal on account of a fundamental procedural deficiency (T 1805/14).

According to T 265/05, the board should take account of its particular circumstances and the parties' wishes (here the parties requested the board to decide the case).

In T 27/14 the board stated that, irrespective of several substantial procedural violations, which in the board's opinion constituted fundamental deficiencies within the meaning of Art. 11 RPBA 2007, the appellant had explicitly requested that, instead of remitting the case to the opposition division, the board should itself deal with the issue of sufficiency of disclosure. Against the background of the respondents having no objections in this regard and the issue of sufficiency of disclosure having been discussed in detail in the written submissions in the appeal proceedings, the board did not remit the case.

The board in T 1864/09 refused a request for remittal because it had not been filed until the end of the oral proceedings, by which time the board had already completed its substantive examination, including a thorough check of the amended claim for compliance with Art. 56 and 84 EPC.

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