4.5.5 New requests filed – exceptional circumstances established
In T 306/18 auxiliary request 1 was limited to the sole process claim in the patent as granted (after deletion of the device claim), which only needed to be examined for inventive step. According to the board, its filing did not change the scope of the appeal proceedings. That there were no new issues to be considered at this very advanced stage reached in the proceedings and that removing the device claim had simplified the proceedings amounted to exceptional circumstances within the meaning of Art. 13(2) RPBA 2020; these circumstances were decisive for the board's exercise of its discretion.
On the deletion of claims and alternatives in claims, see also chapter V.A.4.2.2d). The deletions at issue in decisions T 713/14, T 1224/15, T 2222/15, T 1597/16, T 1439/16, T 1569/17, T 853/17, T 306/18 and T 482/19 were considered to be amendments to the appeal case but, in most cases, admitted nonetheless, although not in e.g. T 482/19 and T 2222/15.
- T 424/21
Catchword:
1. If the deletion of dependent claims after notification of a summons to oral proceedings enhances procedural economy by clearly overcoming existing objections without giving rise to any new issues this might constitute cogent reasons justifying exceptional circumstances in the sense of Article 13(2) RPBA 2020.
2. For a first medical use of a substance or composition according to Article 54(4) EPC to be sufficiently disclosed it is not required to show the suitability for each and every disease, but it usually suffices to show that at least one medical use is credibly achieved.
- T 2080/18
Catchword:
siehe Punkt 5.1.