The board in T 735/12 held that an opponent's objection under R. 137(5) EPC that a claim included features taken only from the description and therefore unsearched was inoperative if only because R. 137 EPC governed solely amendments to a European patent application and was therefore not applicable in opposition (appeal) proceedings.

The principles for dealing with amendments to opposed patents developed by the boards of appeal (see chapter IV.C.5.1.1 above) also apply to the filing of additional dependent or independent claims in opposition or subsequent appeal proceedings.