Strict criteria are applied to amendments sought to be made after oral proceedings have been arranged. According to Art. 13(3) RPBA 2007 these amendments "shall not be admitted if they raise issues which the board or the other party or parties cannot reasonably be expected to deal with without adjournment of the oral proceedings." Thus, the parties' right to be heard and/or procedural economy take precedence over other considerations (T 232/08). This provision therefore leaves the decision‑making board no room for discretion (T 253/10).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_4_5.htm
Date retrieved: 17 May 2021