The Opposition Division upheld a patent in a decision finding novelty over D1 and inventive step over D1 in combination with D3 or D4. The opponent filed a statement of grounds of appeal containing a new prior art document D5 and argued lack of novelty over D5 or lack of inventive step over the combination of D1 and D5. The patentee argued that this appeal was inadmissible. The Board held that the arguments were based on the same grounds as those on which the opposition and the decision under appeal were based, namely lack of novelty and inventive step and that, therefore, the appeal was admissible.
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