The patentee, who had presented a very high number of requests (one main request and 681 auxiliary requests, of which 454 had been filed only three days prior to the oral proceedings), and further requests (four) in the course of the oral proceedings, has to be prepared that a substantial part of the available time on the day of the oral proceedings is required for managing the (total of 686) requests. After having discussed these requests in the oral proceedings and after having rejected them or after not having admitted them into the procedure (new requests 682 to 685), the patentee cannot reasonably expect that the oral proceedings be interrupted again on the late afternoon of the day of the oral proceedings to allow for the elaboration and presentation of further requests (cf. Nr. 5.5 of the reasons).
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Friday 10 October 2014
686 Requests are Enough - T 0280/11
The following headnote (in a free translation from German) of the decision T 0280/11 reminds us that we should not mess with the Technical Board of Appeal after 16.45h:
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Should the time of the day influence the admissibility of a request?
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