Timeliness and structure of auxiliary requests 
If auxiliary requests are filed after the final date set in accordance with Rule 116(2), they are usually treated as late-filed unless a summons to oral proceedings werewas issued as the first action.

For late-filed requests, in addition to the criteria set out in H‑III,, the subject-matter of the new claims should not diverge considerably from the claims already filed. The requests should normally represent a convergent development, i.e. the subject-matter of the auxiliary requests should constitute sequential limitations in the direction of an intended invention and should not make use of different characteristics in order to branch out in different directions (T 1273/04). In particular, the applicant cannot shift to the examining division the responsibility for defining the subject-matter of the application by filing a large number of unstructured requests or requests involving different variants (R 11/08R 14/10): this leads to the requests not being admitted.

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