EPO: Remittal to the opposition division ex officio

The discretionary decision under Article 111(1) EPC to remit a case or not is to be taken ex officio, at any time during the appeal proceedings. It is not dependent on any request by a party. A request for remittal made by a party is therefore not subject to the provisions of Art 12 and 13 RPBA.  Art 12 and 13 RPBA serve to take account of changes in the facts or the subject-matter of the appeal proceedings ("amendments" within the meaning of Articles 12(4) and 13(1) and (2) RPBA), within narrow limits. Procedural requests are not amendments within the meaning of Articles 12(4) and 13(1) and (2) RPBA. They can therefore be made at any time during the appeal proceedings and must be considered by the board, regardless of when they are made (EPO-BoA 30. 1. 2024, T 1006/21, B7-H1 in RCC/MAYO FOUNDATION).