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1. Where a ground of opposition, here insufficiency, was
expressly not maintained in opposition oral proceedings by the
only party which had relied on the ground and the Opposition
Division did not deal with the ground in their decision the re-
introduction of the ground in appeal proceedings constitutes a
fresh ground which, following Opinion G 10/91 by analogy,
requires the permission of the proprietor.
2. Where a ground, here novelty, was substantiated within the
opposition period and the party which raised the ground neither
appears at the opposition oral proceedings nor withdraws the
ground the Opposition Division has to deal with the ground in
their decision. The ground may then be taken up by other
appellants in subsequent appeal proceedings.
3. A request for a referral under Article 112 EPC to the
Enlarged Board of Appeal must be refused if a decision can be
reached on the basis of grounds other than those grounds to
which the proposed question was related, cf. decision G 3/98,
point 1 of the reasons.
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