4.2.2 First level of the convergent approach: amendments to a party's case – Article 12(4) RPBA
In T 1522/21 the board recalled that, according to established case law (see chapter IV.C.4.4) a document is not automatically scrutinised in opposition or opposition appeal proceedings simply because it was quoted and acknowledged in the patent in suit. The opponent had not referred to these documents during opposition proceedings, but done so for the first time with its statement setting out the grounds of appeal. See also T 2391/18 (referring to T 140/00).