2.1.2 Late submission was justified

In principle, costs are not apportioned differently if the late submission of facts and evidence appears justified. The boards have assumed in particular that belated submission is justified or that no abuse of procedure has taken place if new documents are filed for the first time at a later stage in the proceedings as a reaction to communications from the board, comments from the other party or amendments of the patent or decisions of the department of first instance which make such documents necessary in the first place (see T 582/88, T 638/89, T 765/89, T 472/90, T 556/90, T 334/91, T 875/91, T 81/92 and T 585/95).