5.12.13 Amended claims not admitted with divisional applications pending

In T 840/93 (OJ 1996, 335) the board held that in the light of G 9/91 and G 10/91 (OJ 1993, 408 and 420), special attention must be given to late-filed requests at the appeal stage when divisional applications are still pending. If the distinction between the subject-matter of the divisional applications was unclear and some of them were still pending before the department of first instance, it was inappropriate to admit, during oral proceedings at the appeal stage after opposition, new requests which are neither immediately allowable nor bona fide attempts to overcome objections raised. See also T 28/92.