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Guidelines for Examination

 
 
3.4
Insistence on unallowable amendments 

If the patent proprietor requests amendments going beyond those permissible under Rule 80 (see H-II, 3.1 and 3.2), he should be invited to withdraw them. If he then maintains his request, it should not be allowedadmitted (for the reasoning see for example T 127/85, Headnote, and T 406/86, Headnote 1).

If, in addition to the request 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 refusingnot admitting the higher ranking first request(s).

It may occur that there is only one request which would be allowable, but it comprises amendments which clearly do not comply with Rule 80. If the amendments cannot be allowedadmitted, the Division should explain the situation to the patentee so that revocation of the patent solely under Rule 80 can be avoided.