In a decision on June 21, 2016 (X ZR 41/14 „Fahrzeugscheibe II“) the German Federal Supreme Court has accepted requests, which were directed to defend a patent in amended form and which were only filed in appeal proceedings, to be pertinent and admissible. The first instance, the German Federal Patent Court rendered a preliminary opinion before the oral hearing in accordance with Article 83 (1) of the German Patent Act and indicated that a certain format of the claim would be allowable. However, during the oral hearing, the German Federal Patent Court deviated from this preliminary opinion. Hereupon, the patentee filed, during the oral hearing, auxiliary requests and, during the appeal proceedings, again filed a further request. The German Federal Supreme Court has accepted this further request as being pertinent and not belated. The patentee did not negligently disregard his obligation to support the proceedings, particularly because the German Federal Patent Court did not indicate why it deviated from the preliminary opinion, and which concrete limitations would have been appropriate to settle the reservations of the Court.