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Guidelines for Examination

 
 
3.1.4
Indication of amendments made in main and/or auxiliary requests in examination proceedings 

Where main and auxiliary requests are filed in examination proceedings and the applicant does not identify the amendments and/or does not indicate the basis for them in the application as filed, a communication according to Rule 137(4) may also be sent in respect of one or more of the main and/or auxiliary requests (see H-III, 2.1.1).

Alternatively, where Rule 137(4) is not complied with in respect of a specific request (main or auxiliary), this request may be rejected as inadmissible under Rule 137(3) (see H-III, 2.1.1). When exercising its discretion under Rule 137(3), an Examining Division must consider and balance the applicant's interest in obtaining a patent which is legally valid in all of the designated states and the EPO's interest in a speedy conclusion of the proceedings. Furthermore, the exercise of discretion under Rule 137(3) needs to be reasoned.