Late filed amendments or prior art have been subject of many decisions and case law has developed around that subject. For late filed arguments it is not always clear whether those have/are to be admitted into the proceedings or not. This decision deals with just that and I will limit this post to the Catchword which is clear and reads as follows:
In deciding whether a new argument has the effect of amending a party's case within the meaning of Article 13(1) RPBA it must be established on a case-by-case basis whether the new argument is a departure from, or just a development of, the original arguments filed with the grounds of appeal or the reply thereto (see point 4.1.3 of the Reasons).
Read the full decision here.