Preparing the decision 

If the Examining Division is able to allow an auxiliary request (but not the main request or any higher-ranking auxiliary requests), it will inform the applicant accordingly in a communication under Rule 71(2) or in an annex to the communication according to Rule 71(3), giving its reasons for refusing the main and higher-ranking auxiliary requests (see C‑V, 1.1).

In oral proceedings, it may be appropriate to ask the applicant whether, in view of an allowable request, he would be prepared to withdraw the unallowable higher-ranking request(s). However, the applicant is not obliged to do so.

If auxiliary requests are submitted after the date set according to Rule 116(1) but the applicant/representative does not attend the oral proceedings, the Examining Division will apply the criteria set out in H‑III, 3.3.1, in deciding on the admissibility of the auxiliary requests and may exercise its discretion under Rule 137(3) not to admit one or more of the requests (see H‑II, 2.3, and H‑III, 3.1.4), and it may do so in the absence of the applicant/representative.

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