Sequence of requests 

When a group of auxiliary requests is filed, these requests must be filed in a clear order and must not be worded such that they leave it for the examining division to identify and speculate on the intended text of the claims (R 14/10). Furthermore, all auxiliary requests must relate to one invention: the examining division will exercise its discretion under Rule 137(3) and will refuse to admit auxiliary requests which involve switching from the searched invention chosen for examination to another invention (see C‑III, 3.4, and H‑II, 7).

Under Art. 113(2), the EPO decides upon European patent applications or patents only in the text submitted to it, or agreed, by applicants or proprietors. These parties must therefore clearly indicate the text they are proposing or, if they are submitting more than one text, the sequence in which they want the EPO to consider them. Otherwise the division does not know which version to base its decision on and would ultimately have to refuse the application, revoke the patent or reject the request for limitation for lack of any clear request.

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