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 chair informs the requesters (possibly after interrupting the proceedings) which request is allowable and why the higher-ranking request(s) is/are not. The requesters will then normally be asked if they are 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 that, as regards the allowable auxiliary request, 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.