Third-party observations during the examination 

Art. 115 explicitly covers all proceedings before the EPO, not just pre-grant proceedings. Accordingly, its provisions also apply in principle to revocation and limitation proceedings. Patentability under Art. 115 is to be interpreted in a broader sense, so that issues relating to Art. 84 and Art. 123(2) may also be taken into consideration. Requesters could, when responding to an invitation under Rule 95(2), introduce further restrictions intended to address such observations. If they wish to do this, and no invitation under Rule 95(2) is issued, their only option is to file a further request for limitation.

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