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Guidelines for Examination

 
 
8.8
Use of Rule 137(4) for amendments filed during oral proceedings in examination

A communication under Rule 137(4) should not be sent in respect of amendments filed during oral proceedings (see H-III, 2.1.3), since this would unduly delay the procedure. Making a request under Rule 137(4) during oral proceedings would have the consequence of staying the proceedings for one month, while waiting for the applicant's answer.

The Examining Division should therefore request the applicants to provide a basis for any amendments submitted during oral proceedings before any new amendments can be admitted into the proceedings.

In special cases, e.g. where there are many auxiliary requests which are difficult to check for compliance with the requirements of Art. 123(2) and the requests do not comply with Rule 137(4), the Examining Division may exercise its discretion by not admitting these requests under Rule 137(3) rather than raising an objection under Rule 137(4) (see H-II, 2.3 and H-III, 3.3.1.1).