7.4 Examples
7.4.3 Main and auxiliary requests filed with the appeal
Interlocutory revision can never be granted on the basis of an auxiliary request, even if the auxiliary request would overcome the grounds for the decision (T 919/95).
Example
The main request is the same as the one refused (i.e. not amended). However, the auxiliary request is in line with a suggestion made by the examining division and so would be allowable. There can be no interlocutory revision since the applicant has the right to have the main request examined by the boards of appeal.