a) Late submission of new facts and evidence contrary to the principle of fair proceedings and procedural economy 

In T 1904/16 the board did not see any cogent reasons why the new facts and evidence could only have been filed at the latest possible stage of the appeal proceedings, i.e. at the oral proceedings. In the board's view, the issue raised by the new submissions should have been brought up immediately in reply to the statement of grounds of appeal. To admit these submissions into the proceedings would be against the principle of fair proceedings, since the respondent's conduct had led the appellant to believe that this objection was no longer a matter for discussion. Furthermore, it would be contrary to procedural economy, since its admission would require additional discussions, which could not be held without adjournment of the proceedings.