4.5.8 New facts, objections, arguments and evidence filed – no exceptional circumstances established
In T 100/18 the appellant (patent proprietor) produced photographs at the oral proceedings with a view to using them for illustrative purposes. The board, however, found that the wish to make additional use of photographs to illustrate the teaching already disclosed by drawings in the patent and in the prior art prior was not an exceptional circumstance within the meaning of Art. 13(2) RPBA 2020.