Admissibility review in appeal proceedings

To determine whether a submission was “admissibly raised” within the meaning of the conditional clause in Article 12(4) RPBA, the Board of Appeal places itself in the position of the department of first instance and asks whether, applying the provisions and practice then in force, it would have admitted the submission had a discretionary admission decision been required (EPO BoA 16 Dec 2024, T 1178/23).