T 0023/10 (Admission of requests filed with the statement of grounds of appeal) du 18.01.2011

Admissibility of the appeal - statement of grounds of appeal – assessment of the appeal as a whole
New claim requests filed with the statement of grounds of appeal – admission into proceedings - procedure proper to an administrative court

A patentee withholding claim requests in opposition proceedings is precluded, under Article 12(4) RPBA, from having those requests admitted on appeal, since the patentee would otherwise be permitted to disadvantage the adverse parties by conducting appeal proceedings contrary to its actions before the opposition division.