T 0406/86 (Trichlorethylene) of 02.03.1988

I. The law does not guarantee a patent proprietor the right to have proposed amendments incorporated in opposition (appeal) proceedings. Whether or not they are will be decided by the department concerned exercising due discretion. They may be refused if the amendments are neither appropriate nor necessary.

II. Proposed amendments may be disregarded in particular if submitted late in the proceedings, i.e. when examination of the opposition or appeal is already substantially complete (cf. Decision T 153/85 of Technical Board of Appeal 3.3.1, OJ EPO 1988, 1).