Wrong type of communication 

In J 10/07 (OJ 2008, 567), the board found that, although the Receiving Section was not to be blamed for issuing a communication under R. 43(2) EPC 1973, as the drawings could not have been in the file on that date, it should not have issued the notification under R. 43(3) EPC 1973 but a communication pursuant to R. 43(1) EPC 1973. This amounted to a substantial procedural violation. If the Receiving Section had followed the legally correct procedure, an appeal would not have been necessary.

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