5.11.4 Ex parte appeal procedure
In T 1969/08 the board stated that if a feature objected to as "obscure" by the examining division and omitted from all requests subsequently filed by the applicant is then reintroduced in the claims filed one month before oral proceedings in the appeal proceedings without commenting on the objection raised earlier against this feature, the board may refuse to admit these claims into the proceedings at its discretion under Art. 12(4) RPBA 2007.