4.2.3 Second and third levels of the convergent approach: amendments to a party's appeal case – Article 13(1) and (2) RPBA
According to the board in T 2178/17, the filing of a description adapted to a set of claims found by a board of appeal to meet the requirements of the EPC does not generally constitute an amendment to a party's appeal case and is therefore not subject to the board's discretion under Art. 13(2) RPBA.
A different approach was, however, taken in T 1968/18, in which the board, referring to the systematic interpretation set out in J 14/19, held that the filing of an adapted description during the oral proceedings before the board resulted in an amendment of the patent proprietor's appeal case. At the same time, it considered that this procedural situation constituted exceptional circumstances within the meaning of Art. 13(2) RPBA. See also chapter V.A.4.5.4o) on admittance of such an amendment.