In T 226/09 the board decided that the request in the notice of appeal for the patent to be maintained on the basis of the first auxiliary request did not limit the subject of the appeal within the meaning of R. 99(1)(c) EPC for the appellant-proprietor and therefore did not rule out a broader request in the statement of grounds.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_3_2_1_b.htm
Date retrieved: 17 May 2021