Monday, September 19, 2016 T 1784/14 Inadmissible request

This case deals with a second appeal in opposition. In the first opposition proceeding the opposition division decided to revoke the patent. In the first opposition appeal proceedings the proprietor submitted a main request and six auxiliary requests. The board of appeal rejected the the main, first and second auxiliary requests and remitted the case to the opposition division for further prosecution on the basis of the third auxiliary request. 

The opposition division decided that the third auxiliary request met the requirements of the EPC. In the second appeal proceedings the proprietor requested that the appeals be dismissed or, alternatively, that the case be remitted to the opposition division for consideration of the fourth to sixth auxiliary requests as filed before (referred to hereinafter as first to third auxiliary requests) or alternatively, if this request was not allowed, that these auxiliary requests be considered by the board. The proprietor did not submit any facts, evidence or arguments in support of the allowability of any of its claim requests. 

The Board follows T 1732/10: unsubstantiated claim requests which are not self-explanatory become effective only at the date on which substantiation is provided. Their filing in and of itself plays no role, no matter when they are filed. In the present case no substantiation was provided at any time during the entire appeal proceedings. As a logical consequence, the claim requests must be considered not validly filed at all.

Catchword: If no substantiation is provided, at any stage during the appeal proceedings, for claim amendments which are not self-explanatory, the requests containing those amendments may be considered not validly filed (T 1732/10 r.3 followed)