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Guidelines for Examination

 
 
2.7.1
Concept of "clear allowability" 

In examination procedure, the Division will apply the criterion of "clear allowability" in exercising its discretion under Rule 137(3) for treating requests filed late during the proceedings without proper justification (T 153/85).

Late-filed claims will not be admitted into the proceedings if they are not clearly allowable, i.e. they clearly do not satisfy the requirements of the EPC, because for example they clearly violate the requirements of Art. 123(2).

The "clear allowability" criterion is also applied to patent proprietors' late-filed requests in opposition proceedings (T 98/96).