3.3.10 Third-party observations

While it is well-established by case law that third-party observations (and accompanying evidence) can be considered, both at first instance and on appeal, there is no obligation on the board beyond such consideration and no right of a third party to be heard (T 390/07). As a rule, third parties have none of the procedural rights associated with status as a party to the proceedings, in particular the right to be heard (T 1756/11). Conversely, parties to the proceedings can comment at any stage on new facts and evidence emerging from third-party observations filed after expiry of the opposition period, if they think that these could influence the decision (T 1756/11; see also chapter III.N. "Observations by third parties").