The filing of auxiliary requests (e.g. claim versions) together with a main request is possible in limitation proceedings, just as in examination proceedings. However, it should be remembered that there are restrictions with regard to the possibility of filing amendments in limitation proceedings (see D‑X, 4.3 and D-X, 4.5).
The procedure to be applied, subject to any request for oral proceedings, is slightly different to that applicable in pre-grant proceedings under Rule 71(3), especially in view of the requirements of Art. 113(1) and Art. 113(2). In particular, in a case where an auxiliary request is allowable and the main request is not, if this were communicated under Rule 95(3), this would no longer leave the requester the option of having his main request rejected with an appealable decision. Thus, the following applies:
In cases (b) and (c), the decision may be appealed by the requester.