4.4. Second level of the convergent approach – submissions made after filing of grounds of appeal or reply – Article 13(1) RPBA
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  9. 4.4.5 Discretion under Article 13(1) RPBA
  10. d) Complexity of the amendment
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4.4.5 Discretion under Article 13(1) RPBA – new requests

Overview

d) Complexity of the amendment

In T 32/16 the board accepted the respondent's reasons for submitting the new main request at a late stage and held that demonstration of how the amendments overcame the objection in this particular case, where the lacking features as such had at least already been identified by the appellant, was self-evident in the amendments made. Moreover, the amendments were not complex (Art. 13(1), second sentence, RPBA, referring to Art. 12(4) RPBA) in any sense, nor had this been argued to be the case. The request was therefore admitted.

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