T 2271/18 (Acoustic-feedback reduction/SIVANTOS) du 25.03.2021

Clarity - main and auxiliary requests 5 to 9 (no)
Admittance of requests filed after notification of summons - auxiliary requests 1 to 4 (no): no exceptional circumstances and no clear allowability
Admittance of request not admitted by examining division - auxiliary request 10 (no): no incorrect exercise of discretion

A clear and detailed preliminary opinion provided by a board - rather than merely "drawing attention to matters that seem to be of particular significance for the decision to be taken" (cf. Article 15(1), fourth sentence, RPBA 2020) - is predominantly intended to give the party(ies) an opportunity to thoroughly prepare their arguments in response to it but not to file new submissions, such as new sets of claims, and to thereby arguably shift the focus regarding the issues on file to be decided in appeal proceedings. In particular, amendments submitted in response to such a preliminary opinion cannot give rise to "exceptional circumstances" within the meaning of Article 13(2) RPBA 2020 (see point 3.3 of the Reasons).