Moreover, in T 253/06
, the board held that it was permissible under Art. 13(3) RPBA
2007 to regard as belated auxiliary requests filed after oral proceedings had been arranged but within the prescribed period, if those requests were not substantiated, i.e. not accompanied by reasons explaining why the amendments had been made and how they were intended to overcome the objections raised in the course of the proceedings. In such cases, neither the board nor the other parties to the proceedings could reasonably be expected to consider these points, especially if there were a large number of requests and the features of the claims raised new aspects. The board cited T 888/02
, in which it was found that, having regard to Art. 125 EPC 1973
, the need to treat all the parties fairly precluded the admission of such requests.