4.5.8 New facts, objections, arguments and evidence filed – no exceptional circumstances established
In T 917/18 the appellant (opponent) filed a full (machine) translation of D5 only at the oral proceedings. The board pointed out that the alleged prima facie relevance of this translation could not establish exceptional circumstances. The potential relevance of the content of D5 had become apparent at the latest from the respondent's reply to the grounds of appeal. Moreover, the appellant's interest in introducing the document into the proceedings had to be balanced with the procedural difficulty for the respondent and the board of reacting to the new information in the document.