2.3.3 Rule 137(3) during oral proceedings

As specified in H‑II, 2.3, second paragraph, the examining division cannot refuse to admit amendments before they are submitted.

However, the examining division may warn the applicant, in particular during oral proceedings, that unless a specific objection is overcome by amendment, it intends to use its discretion under Rule 137(3) to not admit new requests. The objection to be overcome must be clearly explained.

If after such a warning the newly filed request does not clearly overcome the objection in question and is not convergent with the previous requests, it will not be admitted into the proceedings under Rule 137(3).