4.3.4 Discretion under Article 12(4) RPBA 2020
In T 528/19 did not share this view for Art. 12(4) RPBA 2020. In this case, the patent proprietor had withdrawn part of the requests filed with the reply to the statement of grounds of appeal and at the same time resubmitted the remaining requests in the same sequential order without altering the content. The board explained that any lack of convergence was therefore the same as in the requests initially presented. Any lack of convergence was thus of no relevance for the requests at issue, as convergence was a criterion for use when considering procedural economy for the purposes of Art. 13 RPBA 2020. See, however, also T 1456/20.