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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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
4.4. Second level of the convergent approach
4.4.6 Discretion under Article 13(1) RPBA
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4.4.6 Discretion under Article 13(1) RPBA – new facts, objections, arguments and evidence
Overview
4.4.6 Discretion under Article 13(1) RPBA – new facts, objections, arguments and evidence
a) Time of filing – whether the new submissions should have been filed earlier
b) Suitability to solve the issues raised
c) Prima facie relevance for assessment of patentability
d) Whether the amendment is detrimental to procedural economy
e) Complexity of the amendment
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