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Case Law of the Boards of Appeal

 
 
2.5.2 Consent under Rule 137(3) EPC in oral proceedings

R. 116(2) EPC supplements R. 137(3) EPC with a special provision on amendments to the application where oral proceedings are to be held, under which the examining division has discretion to disregard such amendments if they are not filed before the date fixed in the summons to such proceedings. However, whilst meeting the deadline for filing further requests for amendments to the application fixed in the summons under R. 116 EPC does not render R. 137(3) EPC inapplicable, requests filed by that deadline can only be refused under R. 137(3), sentence 2, EPC in a proper exercise of discretion which must take account of the factors set out above (T 937/09).