4.5.6 New requests filed – no exceptional circumstances established
In T 1897/16 the appellant (patent proprietor) invoked technical problems which had occurred at the beginning of the oral proceedings as exceptional circumstances within the meaning of Art. 13(2) RPBA 2020. However, since the proprietor did not explain how these technical shortcomings could have been causal for the need to file auxiliary request 4 only at the end of the oral proceedings rather than at an earlier stage of the appeal proceedings, the board did not consider these technical problems to be exceptional circumstances.