The boards have held in several decisions that, if fresh evidence, arguments or other material filed late on in the appeal proceedings result in a case substantially different from that decided at first instance, the case should be remitted to the department of first instance wherever fairness to the parties so dictates. See e.g. T 97/90, OJ 1993, 719; T 847/93. The boards will normally exercise their discretion under Art. 111(1) EPC to remit if the submission of new facts and evidence or a substantial amendment of the claims significantly alters the legal and factual framework and so results in a "fresh case" (T 908/07, T 340/12).