2.10
Late-filed submissions under Rule 116

If an examining or opposition division has exercised its discretion under Art. 114(2) or Rule 116 to refuse late-filed facts, evidence or requests, its decision must give the reasons for its refusal. A mere reference to the discretionary power given under Art. 114(2) or Rule 116 is not sufficient (see T 755/96). For details on how to exercise this discretion, see E‑VI, 2 and H‑II, 2.7.

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