Insistence on unallowable amendments
If the patent proprietor requests amendments going beyond those permissible under Rule 80
(see H‑II, 3.1
and H-II, 3.2
), he should be invited to withdraw them. If he then maintains his request, it should not be admitted (for the reasoning see for example T 127/85
, Headnote, and T 406/86
, Headnote 1).
If, in addition to the requestrequests
containing unnecessary amendments, there is an auxiliary request which meets the requirements of the Convention and in particular does not comprise amendments not complying with Rule 80
, the decision must include the grounds for not admitting the higher-ranking first request(s)requests
It may occur that there is only one request which would be allowable, but it comprisesfor amendments which clearly do not comply with Rule 80. If the amendments cannot be admitted, the opposition division should explain the situation toto the patentee so that revocation of the patent is to be expected solely for reasons of under the request’s non-compliance with Rule 80 can be avoided.