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Guidelines for Examination

 
 
3.3.2
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.