4.5.5 New requests filed – exceptional circumstances established
In T 1774/17, the appellant (opponent) had no objection to the admission into the proceedings of the main request, which was intended to overcome an Art. 123(2) EPC objection. The single-word amendment in auxiliary request 1A merely made explicit a feature which the opposition division had already considered to be implicit in the request on which the decision under appeal was based. The board, in this particular case, decided to admit the request.
The other party's agreement was also mentioned in T 1294/16 as an element to be taken into account when establishing exceptional circumstances.