9.4.4 Fundamental deficiencies
In T 2431/19 the board stated that the incorrect interpretation and application of R. 137(5) EPC in the case in hand constituted a substantial procedural violation within the meaning of R. 103(1)(a) EPC as well as a fundamental deficiency under Art. 11 RPBA 2020, justifying a remittal to the examining division for further prosecution (Art. 111(1) EPC).