5. Amendments to claims, description and drawings in opposition proceedings
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  5. IV. Proceedings before the departments of first instance
  6. C. Opposition procedure
  7. 5. Amendments to claims, description and drawings in opposition proceedings
  8. 5.1. Admissibility of amendments
  9. 5.1.11 Applicability of Rule 137(5) EPC in opposition proceedings
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5.1. Admissibility of amendments

Overview

5.1.11 Applicability of Rule 137(5) EPC in opposition proceedings

The board in T 735/12 held that an opponent's objection under R. 137(5) EPC that a claim included features taken only from the description and therefore unsearched was inoperative if only because R. 137 EPC governed solely amendments to a European patent application and was therefore not applicable in opposition (appeal) proceedings. See also T 1542/14.

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