9.4. Remittal following fundamental deficiencies
The term "fundamental deficiencies" referred to in Art. 11 RPBA 2020 (Art. 11 RPBA 2007) and the notion of a "substantial procedural violation" in R. 103(1)(a) EPC are used synonymously (see T 2231/09). A "fundamental deficiency" does not appear to be any different from a "substantial procedural violation" (see T 2346/10). A board is to remit the case if fundamental deficiencies, such as a substantial procedural violation, are apparent in the first-instance proceedings (J 16/17, T 1414/18).