This revised version of the Guidelines for Examination will apply as from 1 November 2015. Until then, the September 2014 edition of the Guidelines remains valid.

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.

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