Only one interesting decision this week (actual publication dates)
T 0035/12 - Returning to previous requests
T 0035/12 -
Patentee wanted to return to the set of claims filed with the statement of grounds, during oral proceedings as 4th auxiliary request. Not admissible.
" As said claims had been withdrawn prior to the oral proceedings the attempt to reintroduce them constituted a - further - change to the case presented on appeal, which change happened at a late stage of the proceedings before the Board - namely at an advanced stage of the oral proceedings. Admissibility thereof to the proceedings is thus subject to the stipulations indicated above, in particular that such claims be prima facie clearly allowable."
Patentee wanted to return to the set of claims filed with the statement of grounds, during oral proceedings as 4th auxiliary request. Not admissible.
" As said claims had been withdrawn prior to the oral proceedings the attempt to reintroduce them constituted a - further - change to the case presented on appeal, which change happened at a late stage of the proceedings before the Board - namely at an advanced stage of the oral proceedings. Admissibility thereof to the proceedings is thus subject to the stipulations indicated above, in particular that such claims be prima facie clearly allowable."
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