4.5.7 New facts, objections, arguments and evidence filed – exceptional circumstances established
In T 2219/18 the board considered that there were exceptional circumstances in the case in hand, because the arguments submitted by the opponent against claim 1 of auxiliary request 3 during oral proceedings were entirely identical with the arguments submitted in the statement of grounds of appeal against claim 1 of auxiliary request 1. According to the board it was immediately apparent that these arguments likewise applied to claim 1 of auxiliary request 3. Consequently, the opponent's submissions during oral proceedings were by no means unexpected and were taken into consideration by the board.