Opponent in appeal procedures not limited to matters raised by itself
Art 12 Par 2 of the Rules of Procedure of the Boards of Appeal (RPBA) does not contain any restriction according to which each party may only refer in the appeal to those matters of the preliminary proceedings which it has itself "admissibly raised" there. Therefore, it appears legitimate to refer as appellant also to lines of attack which had been introduced into the opposition proceedings by other opponents. If this happens, there is no amendment of the submissions requiring admissibility. (EPO Board of Appeal 23 June, 2022, T 920/20, Schwalbenschwanzzahn/MARTINREA HONSEL GERMANY GMBH).