Facts and submissions 

For general aspects relating to facts and submissions, see E‑X, 1.3.2. Facts and submissions which are irrelevant to the decision, e.g. requests for amendment which are not maintained, are to be omitted. It must be ensured that the facts and submissions are consistent with the contents of the minutes of oral proceedings (also see E‑III, 10.3).

The facts and submissions must clearly indicate what is the subject of the application and show on which documents the decision is based. In examination, this requirement is achieved by including a detailed reference to the application documents which are subject to the decision, including, in particular, any amendments to the claims or to the description as well as maintained auxiliary requests. In addition, the examining division may cite the text of any important claim(s) or passages of the description in the decision. In opposition, the text of the independent claim(s) and other especially important claims or passages of the description on which the decision is based must be cited verbatim in the language of the proceedings (Rule 3(2)) either by copying the text into the decision or annexing a copy of the claims. As regards the dependent claims, it may be sufficient to refer to the file content.

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