2.2 Authoritative text of documents 

The EPO must decide on the European patent application or the European patent only in the text submitted to it, or agreed, by the applicant or proprietor and last used as a basis for the proceedings. This means, for example, an amended version proposed by the examining or opposition division (see C‑V, 1.1, D‑VI, 4.2 and D-VI, 7.2.1) may only be adopted as a basis for the decision if it has been approved by the applicant or proprietor.

In the case of one or more auxiliary requests directed to alternative texts for grant or maintenance of a patent, each one qualifies as a text submitted or agreed by the applicant or proprietor within the meaning of Art. 113(2) (see T 234/86), and these requests must therefore be dealt with in the order indicated or agreed to by the applicant or proprietor, up to and including the highest-ranking allowable request, if any.

When considering such requests, it is essential that they are dealt with in the correct order. If, for instance, the only allowable request is an auxiliary request, but it is accompanied by a higher-ranking auxiliary request for oral proceedings (e.g. a request that oral proceedings be held if the main request cannot be granted), a communication under Rule 71(3) cannot be issued on the basis of the allowable request, but instead oral proceedings will have to be scheduled in accordance with the higher-ranking request, or a further communication under Rule 71(1) will have to be issued (see E‑IX, 2.9 E‑X, 2.9). If the order of the requests is not clear from the applicant's submissions, the applicant must be contacted to clarify the situation before proceeding.