g) Request considered in decision under appeal and clearly specified in grounds of appeal 

In T 276/17 the board had to decide whether to admit auxiliary request 2 on appeal. It had not been filed with either the notice of appeal or the grounds of appeal. The appellant had, however, referred in its grounds of appeal to "the auxiliary request" and, since no new claim requests had been filed, there was, in the board's view, no doubt that this reference could relate only to the single auxiliary request dealt with in the decision under appeal, and so that request had been clearly identified. In addition, that auxiliary request had already been admitted, and its merits decided, by the opposition division. The board considered that the identical auxiliary request 2 filed on appeal was therefore part of the appellant's case under Art. 12(3)(a) RPBA 2020 and that there was no legal basis for excluding it from the appeal proceedings.