Tuesday, February 21, 2017 T 2075/13 - Is the subject-matter a convergent development?

In this opposition appeal the appellant (opponent) argued that the new main request filed during the oral proceedings should not be admitted because its subject-matter should not be considered as a convergent development from the subject-matter of the earlier filed requests. However, the Board agreed with the respondent (patent proprietor) that the subject matter of the new main request is "a clearly convergent development from the subject matter" of an earlier request, the amendments attempting to clarify some expressions and being a direct reaction to the discussion at the oral proceedings.