8.
New submissions in reply to summons 

New requests filed in reply to a summons to oral proceedings will normally be discussed at the oral proceedings. As a rule there is no provision for detailed discussion before the oral proceedings.

However, informal consultation to discuss the new request(s) may be allowed by the first examiner (see C-VII, 2), in particular if there is a reasonable prospect that the consultation could lead to an agreed allowable claim set.

The examining division should strivestrives to review newly-filed requests in good time before oral proceedings so that the proceedings can be cancelled if necessary, in particular where a newly-filed main request is considered patentable.

For cases where the newly-filed main request is not considered patentable but one of the auxiliary requests is, see E-X, 2.9.

 

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