In this opposition appeal the Respondent (Opponent) accused the Appellant (Proprietor) of gaining procedural advantages, misleading the public and delaying the proceedings.
The claim that was granted by the Examining Division had a features that was claimed as "the step xyz is carried out according to a process selected from the group consisting of (i)...., (ii)..., and (iii)....". In the Opposition proceedings this claim was refused because the process (ii) was considered not to be inventive.
The decision of the Board relates to a main request wherein the above feature was limited to "the step xyz is carried out according to process (i)". According to the Respondent this request was about equal to a request that was withdrawn during oral proceedings before the Opposition Division. Thus, the Appellant filed a main-request in which one non-inventive alternative of three was removed from the refused claim, while the Appellant withdrew a request to this extent during the first instance proceedings. Is such a main request admissable? Did the Board think this is a procedural advantages, is misleading the public and is delaying the proceedings?
Further, during the Opposition proceedings and during most of the Appeal proceedings, the Respondent did not file inventive step arguments against alternative (i). At oral proceedings they were filed for the first time. What did the Board think about this behavior of the Respondent?