(1) A decision on the appeal shall be taken by order.
(2) The order by means of which an appeal is rejected as inadmissible may be given without oral proceedings.
(3) The Federal Patent Court may annul the contested decision without deciding on the merits if
1. the German Patent and Trade Mark Office has not yet decided on the merits,
2. the proceedings before the German Patent and Trade Mark Office suffer from a substantial defect, or
3. new facts or evidence become known which are essential for the decision.
(4) The German Patent and Trade Mark Office shall also base its decision on the legal assessment on which the annulment in accordance with subsection (3) was based.