e) No absolute right to discussion of all objections raised at first instance 

In T 48/17 the board had to examine an amendment the respondent (opponent) had made to its case at the oral proceedings. The respondent argued, in essence, that the objections had already been raised but not discussed at first instance and that disregarding these objections on appeal without remitting the case to the department of first instance would therefore infringe its right to be heard. The board, however, observed that the EPC did not confer on opponents any absolute right to have all objections they raised at first instance discussed. In this case, the opposition division had allowed the opponent's opposition. Given the main purpose of appeal proceedings, the chief effect of the patent proprietor's appeal was that the contested decision would be reviewed in light of the objections on which it was based. Other admissible objections before the opposition division would have to be expressly raised in the reply to the appeal. If the objections raised at the oral proceedings on appeal had been admitted, the patent proprietor would not have had any opportunity to prepare for this. Such an approach would be at odds with both the principle of procedural economy and the right to a fair hearing.