2.3. Surprising grounds or evidence
2.3.4 Documents supplied by applicants but used against them
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The right to be heard has not been observed if a decision to refuse an application is based essentially on documents which, though supplied by the applicant in support of his case, are used against him to produce an effect on which he has not had an opportunity to make observations (see T 18/81, OJ 1985, 166 and T 188/95).