Board of Appeal of the European Patent Office decides about admissibility of new arguments during appeal proceedings

In a now published decision of September 22, 2011 a Board of Appeal of the European Patent Office relied on the rule that the statement of grounds of appeal must contain the party’s complete case. It should set out clearly and concisely the reasons why it is requested that the decision under appeal be reversed. It should specify expressly all facts, arguments and evidence relied upon. A new argument brought forward in appeal proceedings by a party which would have the effect of amending its case, even if the argument is based on evidence and facts already in the proceedings, can only be introduced into the appeal proceedings at the discretion of the Board of Appeal. In this case a new argument brought forward in the oral hearing was rejected.