5.12.3 Clear allowability of amended claims
In T 1004/01, the amendments to the claims related solely to a narrower definition of features and values which were so clear and straightforward that a person skilled in the art could easily understand them. It was not unusual, the board found, for several auxiliary requests to be submitted in appeal proceedings, since they were the patentee's last opportunity to have the patent maintained.
In T 1128/10, it was immediately apparent that the amendments made successfully addressed the issue raised without giving rise to new ones. Therefore, they were admitted into the proceedings.
In T 70/04, although the amendment indicated was a combination of two claims, it was quite extensive and raised new issues which had not yet been considered in the opposition or appeal proceedings, mainly because of a greatly increased number of variables compared to claim 1 as maintained.
In T 708/05 the board stated that the fact that a board of appeal reverses a conclusion reached in a decision at first instance is a matter which a party must always be prepared for.