T 1105/96 (Requests) vom 09.07.1997

I. An applicant has a right both to file one or more auxiliary requests in addition to a main request, and to maintain all such requests (that is, not to withdraw or abandon them), even if the Examining Division communicates its view that all except the last auxiliary request (possibly with further amendment) are inadmissible or unallowable, and he is then entitled to a reasoned appealable decision in respect of rejection of each such request.

II. Where an Examining Division has communicated its view that a further request in the form of an amended text of a claim would be allowable, the rejection in advance of such a further request unless all preceding requests are abandoned is an unlawful exercise of discretion under Rule 86(3) EPC, and a substantial procedural violation within Rule 67 EPC.