Friday, January 01, 2016 T 2411/13 - applicants response overlooked

In the decision to refuse, the Examining Division stated that the applicant had already been informed about failing the EPC requirements in an earlier communication. The Examining Division also stated that no comments had been filed in response to that earlier communication. The latter statement was however not correct: the applicant has filed a letter with arguments. The Board decided it an infringement of the right to be heard, resulting in an insufficiently reasoned decision, and a substantial procedural violation.