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Where Article 100(c) EPC has been raised as a ground for
opposition and has been considered in the appealed decision, it
is the board's duty to assess correctly whether or not the
respondent's requests comply with said Article. Hence, the board
has to consider all arguments which are relevant, independently
of
- the point in time at which they were introduced into the
proceedings, see e.g. Case Law of the Boards of Appeal of the
EPO, 1998, VI-F, 6, decision T 86/94 of 8 July 1997, reasons
2.2.2, and decision T 432/94 of 19 June 1997, reasons 5.4.1,
- the procedural status of the party who actually introduced
them, and
- whether or not a given party, relying on these arguments, had
based it's initial opposition on this ground.
Once the board has become aware, during the prosecution of the
case, of additional arguments not raised by one of the parties,
and which are of decisive importance in the correct assessment
of the case within the given framework of Article 100(c) EPC, it
has the power and the duty to bring them into consideration in
the course of the proceedings.
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