T 0755/96 (Camptothecin derivatives/RESEARCH TRIANGLE INSTITUTE) vom 06.08.1999

In ex parte proceedings, Rule 71a EPC gives the Examining Division a discretion to admit or refuse amended claims until a decision is issued under Article 97 EPC. This discretion must be exercised by considering all relevant factors which arise in a particular case and by balancing the Applicant's interest in obtaining a proper patent protection for his claimed invention and the EPO's interest in bringing the examination procedure to a speedy close by the issue of a decision. If in exercising said discretion amended claims are not admitted, the reasons therefore must be given. The assessment that they were filed too late under Rule 71a EPC does not represent an adequate reasoning in conformity with Rule 68(2) EPC.