EPO: No Automatic Carry-Over of First-Instance Requests to Appeal Proceedings

In this decision, the Board of Appeal addresses the strict formal requirements for carrying over requests from the preceding instance. Requests that were filed during the first-instance proceedings but were not decided upon by the department of first instance (so-called "carry-over requests") do not automatically become part of the appeal proceedings. Such requests must be explicitly substantiated anew by the appellant in the statement of grounds of appeal in order to be considered in the subsequent appeal proceedings. (EPA-BK 18.12.2025, T 1296/23, Puff count/FONTEM)