4.3. First level of the convergent approach – submissions in the grounds of appeal and the reply – Article 12(3) to (6) RPBA
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Case Law of the Boards of Appeal
Case Law of the Boards of Appeal of the European Patent Office
V. Proceedings before the Boards of Appeal
A. Appeal procedure
4. New submissions on appeal
4.3. First level of the convergent approach
4.3.4 Discretion under Article 12(4) RPBA
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4.3.4 Discretion under Article 12(4) RPBA
Overview
4.3.4 Discretion under Article 12(4) RPBA
a) Principles
b) Requirement to identify each amendment to the case and provide reasons for timing of submission – Article 12(4), third sentence, RPBA
c) Requirement to indicate the basis for amendments to the patent application or patent in the application as filed and to provide reasons why the amendment overcomes the objections raised – Article 12(4), fourth sentence, RPBA
d) Complexity of amendment
e) Suitability to address the issues leading to the decision under appeal
f) Need for procedural economy
g) Whether the submission should have been filed in first-instance proceedings – Article 12(6), second sentence, RPBA
h) Primary object of the appeal proceedings to review the decision under appeal
i) Application of the principles expressed in Article 12(6) RPBA to amended requests or single claims
j) Convergence criterion
k) No objection raised by opposing party
l) Obvious corrections in description
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