4.3.7 Submissions that should have been submitted or which were no longer maintained at first instance – Article 12(6), second sentence, RPBA
In T 1617/20 the appellant (proprietor) filed, with the statement of grounds of appeal, as main request a set of claims identical to the claims of auxiliary request 2 underlying the appealed decision as well as amended pages of the description. The board examined whether the amended description should have been submitted in opposition proceedings. It pointed out that it was common practice in proceedings before the opposition division that when amended claims are filed, corresponding amendments to the description are carried out only once (and only if) the amended claims are admitted into the proceedings and found to be allowable. Since auxiliary request 2 had not been admitted, there was no need for the appellant at that time to file amended description pages.