7.5.1 Admission of new submissions alters legal and factual framework

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).

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