Headnote
I. In proceedings before the Opposition Divisions, late-filed
facts, evidence and related arguments, which go beyond the
"indication of the facts, evidence and arguments" presented in
the notice of opposition pursuant to Rule 55(c) EPC in support
of the grounds of opposition on which the opposition is based,
should only exceptionally be admitted into the proceedings, if
prima facie, there are clear reasons to suspect that such late-
filed material would prejudice the maintenance of the European
patent.
II. In proceedings before the Boards of Appeal, new facts,
evidence and related arguments, which go beyond the "indication
of facts, evidence and arguments" presented in the notice of
opposition pursuant to Rule 55(1(c) EPC in support of the
grounds of opposition on which the opposition is based, should
only very exceptionally be admitted into the proceedings in the
appropriate exercise of the Board's discretion, if such new
material is prima facie highly relevant in the sense that it can
reasonably be expected to change the eventual result and is thus
highly likely to prejudice maintenance of the European patent;
and having regard also to other relevant factors in the case, in
particular whether the patentee objects to the admissibility of
the new material and the reasons for any such objection, and the
degree of procedural complication that its admission is likely
to cause.
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