c) Inter partes proceedings 

In T 1370/15 the board stated that remitting a case because of new submissions would generally be contrary to what was intended by Art. 11 RPBA 2020. It noted that, while the Enlarged Board had found in G 10/91 (OJ 1993, 420) that the appeal procedure in inter partes cases was less investigative than the procedure before the opposition division, Art. 114(1) EPC – which required the EPO to examine the facts of its own motion – still applied. This meant that a board was not precluded outright from introducing new facts and evidence in inter partes proceedings. The RPBA 2020 similarly did not prohibit a board from raising issues of its own motion. See also T 862/16.