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D 7/16 - "without comment as to the merits"

 
In appeals D 5/16 and D 7/16, the Board saw itself confronted with a  comment from the Exam Committee in the remittal letter from the Exam Secretariat. The comment addressed one of the statements under appeal of Pre-Exam 2016 and its answer. Despite the general requirement that remittance to the Board shall be done without comments to the merits -Art.109(2) EPC-, the Board seems to be puzzled what the aim of the Examination Committee was, and why/whether its comments were (not) taken into account in deciding on interlocutory revision.