I. Whereas Rule 57a EPC establishes explicitly the patent owner's right to amend its patent according to the criteria laid down in this rule, it does not entitle a patent proprietor to submit amendments of its patent at any time, i.e. also during oral proceedings, without the need to give good reasons for such late filing. Rules 57a and 71a EPC together govern the procedural preconditions for the admissibility of amendments of a patent by its proprietor before the Opposition Division. However amendments not complying with the time limit set under Rule 71a EPC may be admitted if good reasons can be acknowledged for their late submission (point 6.6 of the Reasons for the Decision).

II. A patent owner's right to amend its patent in accordance with Rule 57a EPC cannot be equated automatically with a right to file additional auxiliary requests. Any amendment has to be carried out in the most expedient manner which has to be established by the Opposition Division taking into due account the interest of all parties concerned (point 6.7 of the Reasons for the Decision).