UPC CFI, CD Milan, 15 January 2026: Request to allow auxiliary requests along with the defence to revocation into the proceedings rejected for lack of clarity.
21-07-2026 Print this page
Request to allow auxiliary requests (2A to 13A) along with the defence to revocation into the proceedings rejected for lack of clarity. (Rule 49.2(a) RoP, Article 84 EPC, Article 123 EPC).
Any amendment filed after the initial defence shall only be allowed into the proceedings on an exceptional basis (Rule 30.2 RoP, Rule 50.2 RoP).
While there is no explicit request to allow the auxiliary requests into the proceedings, the introduction of new auxiliary requests is regarded as an implicit request.
Although the clarity objection to which the defendant reacted with the auxiliary requests were only submitted in the claimant’s reply, the defendant should have and could have foreseen the claimant’s clarity objection.
Amendments did not introduce any new issues not previously discussed by the parties, however the discussions on the correct interpretation of the added feature “the aperture fluidically connects the gas tube to the manifold” show that the scope of the first set of auxiliary requests 2 to 13 might be seen as broader. (Article 123 EPC)
