Carrying out an additional search 

In T 2127/09, the search division considered that the claimed subject-matter was merely an obvious implementation of game rules on known hardware and did not carry out a search. At the oral proceedings before the board the appellant (applicant) submitted an amended set of claims as sole request in response to the board's objections. The board stated that it was necessary to carry out an additional search in accordance with R. 63 EPC. The board emphasised that remittal should be seen as an exceptional procedural possibility, and that it had also to be examined whether the applicant could have been expected to have made earlier the amendments which were made during the appeal before the board, and thereby could have requested the examining division to perform the necessary search. The board decided to admit the amendments to the claims.

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