The board refused to find a set of claims filed with the grounds of appeal admissible, because it concluded from the circumstances that the proprietor had deliberately refused to file these claims during first instance proceedings. The intention of Article 12(4) of the rules of procedure of the EPO boards of appeal was found by the Board to exclude a request in case of a considered and deliberate choice made by the proprietor not to file the request in the first instance, despite being given the opportunity to do so after the objection had been explained.
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