T 0063/86 (Consent for amendments) of 10.08.1987

1. The amendment of claims during an appeal from a decision to refuse a European patent application is a matter of discretion under Rule 86(3) EPC, final sentence.

2. In a case where substantial amendments to the claims are proposed on appeal, which require substantial further examination, the case should be remitted to the Examining Division, so that such examination should be carried out, if at all, by the Examining Division after the latter has exercised its discretion under Rule 86(3) EPC, final sentence.

3. The fact that the Examining Division did not exercise its power to rectify its decision under Article 109 EPC is irrelevant to the exercise of discretion under Rule 86(3) EPC, final sentence.