(1) A decision on the appeal is taken by order.
(2) If the appeal is not an available remedy or has not been filed in the statutory form and within the statutory time limit, it is rejected as inadmissible. The order may be given without oral proceedings.
(3) The Federal Patent Court may set aside 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,
3. new facts or evidence become known which are essential for the decision.
The German Patent and Trade Mark Office also bases its decision on the legal assessment on which the setting aside was based.