If no new documents are introduced, but merely arguments presented from a different point of view, or if the claims are maintained on the basis of an auxiliary request which the department of first instance has already indicated that it would be prepared to accept, then the desideratum of keeping the procedure as short as possible requires that there should be no remittal (T 5/89, OJ 1992, 348; T 392/89 of 3 July 1990 date: 1990-07-03 and T 137/90). See also T 1210/05.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_7_3_6.htm
Date retrieved: 17 May 2021