The board in T 735/12 held that an opponent's objection under R. 137(5) EPC that a claim included features taken only from the description and therefore unsearched was inoperative if only because R. 137 EPC governed solely amendments to a European patent application and was therefore not applicable in opposition (appeal) proceedings.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iv_c_5_1_7.htm
Date retrieved: 17 May 2021