Within the next few months, the EPO's Enlarged Board of Appeal (EBA) is expected to rule that a fundamental violation of a party's right to be heard occurred in appeal proceedings concerning the opposition against EP 978251, Hoya Corp v Olympus Corp. A communication of the EBA dated May 18 2009 indicates that this will be the probable conclusion in petition for review case number R 7/09. Assuming that the EBA decides accordingly in its final ruling, R 7/09 will be the first ever case in which the EBA allows a petition for review and re-opens proceedings in a case after issuance of a last-instance decision in appeal.