4.3.8 Reasons for a decision allegedly surprising
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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 1/13, R 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 date: 2010-01-15; 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).