4.5.10 Criteria for discretion applied to new requests
In the ex parte proceedings T 1790/17 the board explained that, although its discretion under Art. 13(2) RPBA 2020 was rather limited, it still had to consider and balance all relevant circumstances when using its discretion. These circumstances included the development of the case and the purpose of oral proceedings. In the board's view, the purpose of oral proceedings was, for the appellant, to better explain its case and, for the board, to understand and clarify points which perhaps had not been sufficiently clear up to that point. The board underlined that this was particularly relevant in ex parte cases. If amendments resulting from such discussions were not possible, oral proceedings would be pointless. In the board's view, the new auxiliary request had been filed as a direct reaction to the exchange of arguments in the oral proceedings and addressed the board's objections and concerns. Furthermore, the request overcame the grounds on which the appealed decision was based. It was therefore admitted into the proceedings.