3.1. No discretion for the board to admit documents filed with intervention

In T 1665/16 documents E1 to E20 were filed with an intervention during appeal proceedings. The board considered that documents E1 to E20 had been filed as early as possible, since the intervention was not subject to any time limit other than the requirements under Art. 105 EPC and R. 89(1) EPC. Documents E1 to E20 were thus part of the appeal proceedings, without the Board needing to exercise a discretion or decide on admitting these documents into the proceedings.