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Guidelines for Examination

 
 
3.5.3
Oral proceedings 

If the Examining Division is able to allow an auxiliary request but not the main or higher-ranking requests, the chairman should inform the requester (possibly after interrupting the proceedings) which request is allowable and why the higher-ranking request(s) is/are not. He will then normally ask the requester if he is prepared to convert the allowable auxiliary request into a main request. The Division cannot however insist on the requester making such a declaration.

If, despite the existence of an allowable text, the requester continues to maintain an unallowable higher-ranking request, the request for limitation shall be rejected (Rule 95(4)). The Division will issue a decision giving the reasons for not allowing the higher-preference requests and pointing out, as regards the allowable auxiliary request, that the requester failed to comply with its request to submit a text enabling the patent to be limited on the basis of the allowable request.