In this case, Fisher & Paykel Healthcare Limited (the claimant) filed a revocation action against Flexicare (Group) Limited (the defendant) concerning European Patent no. 4185356. The defendant proposed several amendments and auxiliary requests to address objections raised by the claimant, including features connecting a gas tube to a manifold. However, these auxiliary requests were submitted late in the process.

The Court assessed the admissibility and allowability of these late auxiliary requests, ultimately finding them admissible but not allowable. The Court emphasized fairness and the principle of parity between parties, deciding that exceptions to the rule of presenting all amendments with the initial application should only occur under exceptional circumstances.