9.4. Remittal following fundamental deficiencies
9.4.3 The term "fundamental deficiencies"
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
The term "fundamental deficiencies" referred to in Art. 11 RPBA 2020 (Art. 11 RPBA 2007) and the notion of a "substantial procedural violation" in R. 103(1)(a) EPC are used synonymously (see T 2231/09). A "fundamental deficiency" does not appear to be any different from a "substantial procedural violation" (see T 2346/10). A board is to remit the case if fundamental deficiencies, such as a substantial procedural violation, are apparent in the first-instance proceedings (J 16/17, T 1414/18).