Key points
- The catchword of the decision is that "Submissions which are merely a refinement of arguments previously submitted and which further illustrate a party's position, must be allowed even if they are late filed." (comma omitted).
- This is in agreement with the landmark decision J 14/19 (r.1.8) on the RPBA 2020, but is good to see it recalled by the Board.
- Also interesting: "In particular, oral proceedings, to which the parties have an absolute right under Article 116 EPC, would serve no purpose if such refinements were not allowed (see also decision T 247/20, Reasons point 1.3)."
EPO
The link to the decision can be found after the jump.
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