4.2.1 First level of the convergent approach: amendments to a party's case within the meaning of Article 12(4) RPBA 2020
In T 81/20 the board considered that the appellant (opponent) had not demonstrated that the objections of lack of original disclosure, which had been raised in its statement of grounds of appeal, but on which the decision under appeal was not based, had been admissibly raised and maintained in the opposition proceedings leading to the decision under appeal. Since, moreover, the board was of the opinion that the appellant could and should already have submitted the newly raised objections in the first-instance proceedings, it exercised its discretion under Art. 12(2) RPBA 2020, Art. 12(4) RPBA 2020 and Art. 12(6) RPBA 2020 not to admit these objections.