g) Resubmission of withdrawn requests or requests no longer pursued 

Since a withdrawn request ceases to be at issue in the proceedings, its admission (consideration) if it is resubmitted at a later stage is subject to the same procedural requirements as apply to a brand new one (T 2692/18, referring to T 1695/14 and T 1421/20). In the case to be decided in T 2692/18, this meant that Art. 13(2) RPBA had to be applied because the request originally filed in response to the reply had been replaced by other requests following the communication under Art. 15(1) RPBA and had not then been resubmitted until the oral proceedings.

In T 1421/20 auxiliary requests 1 to 5 had been considered in the decision under appeal, but the board noted that they had been replaced at the beginning of the appeal and were thus not part of the appellant's (applicant's) appeal case. The board thus regarded their reintroduction (after notification of the summons to oral proceedings) as an amendment to the appellant's case, the admission of which was subject to its discretion (Art. 13 RPBA). See also T 798/18 and T 1436/19.

With regard to a similar procedural situation (namely sole request subject of the appealed decision abandoned and replaced at the outset of the appeal proceedings by two other requests, but later resubmitted), the board explained in T 2124/21 that it was the pending requests with which the abandoned and resubmitted request had to be compared when establishing whether it was an "amendment" to the appeal case.