q) Late assertion of a breach of the right to be heard 

In T 545/18 the appellant argued for the first time at the oral proceedings that the fact that the inventive step was not discussed at the oral proceedings before the examining division (as noted in the statement of grounds of appeal), although Art. 56 EPC was one of the grounds for refusing the application, amounted to a violation of its right to be heard. The board considered this to be an amendment of the appellant's case, but held that there were exceptional circumstances within the meaning of Art. 13(2) RPBA 2020.