Objection not raised at first instance 

In T 393/15 the appellant had based its statement of grounds of appeal solely on an objection under Art. 83 EPC it had not raised at first instance. During the proceedings before the opposition division, however, features from the description had been added to independent claim 1 of the request ultimately held allowable. The board observed that a request amending a patent by adding features not in the claims as granted was as a rule open in opposition proceedings to objection under Art. 83 EPC (in conjunction with Art. 101(3) EPC), even if the ground for opposition under Art. 100(b) EPC had not been cited (see also T 66/14). Accordingly, the Art. 83 EPC objection raised on appeal did not go beyond the legal scope of the case before the opposition division.

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