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Guidelines for Examination

 
 

3.3.1.2 Timeliness and structure of auxiliary requests

For late-filed requests, in addition to the criteria set out in H‑II (in particular, H‑II, 2.4, 2.5, 2.6 and 2.7), the subject-matter of the new claims should not diverge considerably from the claims already filed. The requests should normally represent a convergent development, i.e. the subject-matter of the auxiliary requests should constitute sequential limitations in the direction of an intended invention and should not make use of different characteristics in order to branch out in different directions (T 1273/04). Filing a large number of unstructured requests or requests involving different variants late in the procedure may lead to the requests not being admitted.