2.1.1 Late submission was unjustified

Catchword:

Where opposition proceedings have been interrupted under Rule 142(1)(b) EPC, acts done by the parties or the competent body of the EPO during the period of interruption are considered invalid. An appeal against a decision taken during the interruption is inadmissible, because it has no valid subject eligible for a judicial review. The RPBA also apply to requests for apportionment of costs under Article 104(1) EPC. A negligent behaviour may also justify apportionment of costs. However, the negligence must be serious enough to be considered equivalent to wilful misconduct.