5.11.3 Inter partes appeal procedure
According to the board in T 852/18, the reintroduction of subject-matter abandoned during examination only at the appeal stage would take the discussion in a new direction that could not have been foreseen when the opposition notice was formulated or indeed during the entire examination of the opposition. The board decided to exercise its discretion under Art. 12(2) and (4) RPBA 2007 with Art. 114 EPC not to admit the auxiliary request at issue into the proceedings.