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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.

CLR V A 3.2.1.A Admissibility of opposition

The admissibility of the opposition, being an indispensable procedural requirement for any substantive examination of the opposition submissions, must be checked ex officio in every phase, including any ensuing appeal proceedings (T 240/99).