9. Appeal procedure

In T 1477/15 the board stated that it is generally accepted that in appeal proceedings the principle of party disposition applies (see e.g. R 13/13), meaning that parties can put forward, withhold or withdraw their requests as they see fit. In other words, if a patent proprietor withdraws or no longer agrees to a text (two auxiliary requests, in this case), this principle prevents the board of appeal from deciding on these issues.

Regarding the order of requests, however, in R 8/16 the Enlarged Board held that the principle of party disposition expressed in Art. 113(2) EPC did not extend so as to permit a party to dictate how and in which order a deciding body of the EPO may examine the subject-matter before it. On principles established by case law with regard to the order of requests, see also chapter III.I.2.