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R21/11, European Patent Office (Appeals Court), 15 June 2012

The Enlarged Board of Appeal (EBA) revoked a decision by the Technical Board of Appeal because it failed to decide on a request to admit an expert report (rule 104b EPC2000). The petition for review was admissible in spite of the fact that the appellant failed to raise an objection during oral proceedings before the Board, because the appellant had an understandable mistaken belief that the report had been admitted.

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