T 0295/87 (Polyetherketones) of 06.12.1988

I. In opposition proceedings, under Article 101(2) and Rule 57(1) EPC the proprietor has a right to file observations upon a notice of opposition. Thereafter, observations from the parties are only admissible in the exercise of the discretion of the Opposition Division or a Board of Appeal, if such observations are necessary and expedient in the sense of Article 101(2) and Rule 57(3) EPC. It is in the interest of the efficient conduct of opposition proceedings that observations by parties should be properly limited to what is necessary and expedient. (see Reasons, paragraph 2).

2. Amendments to the text of a granted patent during opposition proceedings should only be considered as appropriate and necessary in the sense of Rules 57(1) and 58(2) EPC and therefore admissible if they can fairly be said to arise out of the grounds of opposition. An amendment proposing new claims having no counterpart in the granted patent, which is not in response to a ground of opposition, is not admissible (following Decision T 127/85 dated 1 February 1988) (see Reasons, paragraph 3).