9.4.4 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). |
In T 2431/19 the board stated that the incorrect interpretation and application of R. 137(5) EPC in the case in hand constituted a substantial procedural violation within the meaning of R. 103(1)(a) EPC as well as a fundamental deficiency under Art. 11 RPBA 2020, justifying a remittal to the examining division for further prosecution (Art. 111(1) EPC).