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Guidelines for Examination

 
 
4.2
Basis for the examination 

The basis for the examination is the patent as granted or amended in opposition or limitation proceedings (Rule 90). In cases in which there have already been both opposition and limitation procedures, or more than one limitation procedure, the basis for the examination is the patent as amended in the most recent of those procedures.

The requester has the option of providing information (with the request, or later in the procedure) as to why the request is allowable, and/or as to the purpose behind the request, but he is not obliged to do so. The purpose underlying the request is, however, of no relevance to the question whether it is allowable.

References

Rule 90