3.4. Facts under examination – applying Article 114 EPC in appeal proceedings
Overview
3.4. Facts under examination – applying Article 114 EPC in appeal proceedings
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- T 862/16
As to raising a new objection by a Board of Appeal ex officio under Article 114(1) EPC, see points 2.8 and 8 of the Reasons.
- T 1370/15
Not only in ex parte-, but also in inter partes appeal proceedings, a board is allowed to introduce new ex officio common general knowledge without evidence of such knowledge which prejudices maintenance of the patent, to the extent that the board is knowledgeable in the respective technical field from the experience of its members working on cases in this field. (See Reasons, point 5.3)
- Case law 2021
- Case law 2019
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The board in T 2501/11 stated in its catchword: where prior publication of a citation has been admissibly disputed and the party bearing the burden of making the case for and proving it fails to provide a substantiated response, the board cannot treat that citation as prior art because opposition appeal proceedings are adversarial and so conducted in accordance with the adversary system of procedure, in which it is for the parties to make their cases and the boards' power to examine the facts of their own motion (Art. 114(1) EPC) is limited.