4.3. Article 112a(2)(c) EPC – alleged fundamental violation of Article 113 EPC
4.3.4 Objective approach – board's intention irrelevant
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In R 3/10 the Enlarged Board held that when determining whether a fundamental violation of the petitioner's right to be heard had occurred, an objective approach must be applied. It is therefore not relevant that it was not the deciding board's intention in any way to deprive the petitioner of its right to be heard orally on the issue of inventive step.