5.1.7 Applicability of Rule 137(5) EPC in opposition proceedings

The board in T 735/12 held that an opponent's objection under R. 137(5) EPC that a claim included features taken only from the description and therefore unsearched was inoperative if only because R. 137 EPC governed solely amendments to a European patent application and was therefore not applicable in opposition (appeal) proceedings.

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