EPO Clarifies "Exceptional Circumstances" for Late Appeal Amendments
The EPO's Rules of Procedure of the Boards of Appeal (RPBA) establish strict criteria for late amendments during oral proceedings. Article 13(2) RPBA states that such changes are generally not accepted unless justified by "exceptional circumstances".
In a key case, the Board ruled that a mere change in claim interpretation leading to a new objection did not meet the threshold for exceptional circumstances unless directly relevant to the final decision.
Significance of Precise Language in Legal Matters
On March 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) overturned a Patent Trial and Appeal Board (PTAB) decision concerning a patent held by CoolIT Systems, Inc. The patent in question, U.S. Patent 9,057,567, pertains to fluid heat transfer systems used in cooling electronic devices. CoolIT contested the PTAB's interpretation of the term "matingly engaged" in the patent claims, arguing that it should be defined more narrowly as "mechanically joined or fitted together to interlock."