T 0591/15 - Exceptionally admitting and remitting

Key points

• " In the present case, since the situation principally arose out of an erroneous decision by the opposition division not to admit E15 into the proceedings, exceptionally the board considers it equitable not to apply Article 13(3) RPBA, but to admit the new requests into the proceedings and accede to the appellant's request that the case be remitted to the opposition division for further prosecution "
• Note 20.10.2019: changed the title.

EPO T 0591/15 - link

2.6 Thus, the board is faced with two options: either not to admit the new requests under Article 13(3) RPBA since they raise new issues (in which case the respondent would be limited to defending the decision under appeal against being overturned), or to admit the requests and remit the case to the opposition division for further prosecution on the basis of the new requests.

In the present case, since the situation principally arose out of an erroneous decision by the opposition division not to admit E15 into the proceedings, exceptionally the board considers it equitable not to apply Article 13(3) RPBA, but to admit the new requests into the proceedings and accede to the appellant's request that the case be remitted to the opposition division for further prosecution (Article 111(1) EPC).