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Guidelines for Examination

 
 

7.4.3 Main and auxiliary requests filed with the appeal

Interlocutory revision is never possible on the basis of an auxiliary request, even if an auxiliary request would overcome the grounds for the decision (T 919/95).

Example: 

The main request is the same as the one refused (i.e. not amended). However, the auxiliary request corresponds to a suggestion made by the Examining Division and would thus be allowable. There can be no interlocutory revision since the applicant has the right to have his main request examined by the Boards of Appeal.