Grounds not emanating from the board 

Grounds or evidence within the meaning of Art. 113(1) EPC need not emanate from the board, it is sufficient if another party raises the objection (R 2/08; see also R 1/08, R 1/13R 6/16). If the reason given in a decision corresponds to an argument put forward by the other party, the petitioner was aware of it and thus not taken by surprise (R 4/08, R 12/09 of 15 January 2010; see also R 8/14), unless the board clearly indicated that it regarded those arguments as not convincing (R 11/12, see also R 6/16).

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