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Guidelines for Examination

 
 

4.4.2 Examination of the description and/or drawings

Rule 95(2) requires only the amended claims to be examined in limitation proceedings. Nonetheless, if the applicant has not filed amendments to the description, the examiner should check whether the amended claims are still supported by the description. If this is not the case, in accordance with Rule 95(2) the proprietor should be requested to amend either the description or the claims, in order to comply with Art. 84. In this context it is pointed out that the examiner may not adapt the description of his own motion.

If, however, for the purpose of limitation an amended description and/or drawings are presented together with the claims, these are to be checked, but only for compliance with the requirements of Art. 123(2) and (3) and Art. 84. Note that in this respect amendments made to the description solely in order to improve the patent, or cosmetic changes which are not necessitated by the limited claims, cannot be allowed.