T1178/08, European Patent Office (Appeals Court), 9 May 2012

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The Board refused to admit the only set of claims,  with an added limitation, filed in the patentee's grounds of appeal. In the  Board's view, the applicant should have submitted the amended claims in first-instance proceedings. In view thereof, the Board exercised its discretion under Article 12(4) RPBA by not admitting the claims.

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