11.6. Substantial procedural violation
Overview
One of the preconditions for reimbursement of the appeal fee under R. 103 EPC is that a substantial procedural violation has taken place. A "substantial procedural violation" is an objective deficiency affecting the entire proceedings (J 7/83, OJ 1984, 211). Whether or not there has been a substantial procedural violation is to be determined on an objective basis (J 32/95, OJ 1999, 733; T 160/09).