Admissibility of amendments to the submissions in the appeal proceedings

If amendments to the application documents which aim to overcome objections of lack of support by the description or lack of clarity which were raised in the summons to the proceedings before the appeal proceedings lead to further objections regarding clarity or extension beyond the content of the application as originally filed, the reference to these further objections by the Board of Appeal does not represent exceptional circumstances within the meaning of Art 13 (2) RPBA 2020, but rather an ordinary development of the discussion which does not go beyond the framework of the initial objection. It is therefore not apparent why a new auxiliary request submitted only during oral proceedings should be admitted (EPO Board of Appeal 21 July 2020, T 2214/15).