3. Auxiliary requests 

In examination, opposition and limitation proceedings, parties may submit a main request followed by one or more auxiliary requests (see also D‑IV, 5.3).

Example 1:

"We request grant of a patent as per the documents originally filed or, alternatively, as per the amended documents now enclosed."

Example 2:

"We request that the opposition be rejected or, alternatively, that the patent be maintained in amended form as per the enclosed documents."

Such further (auxiliary) requests are made in case the examining or opposition division cannot allow the main (first) request.

If in examination proceedings applicants file text labelled as an auxiliary request, but also indicate that they are not yet willing to restrict themselves to that request, the text is not to be considered as a true auxiliary request within the meaning of this chapter, such that it is not possible to proceed directly to the issue of a communication under Rule 71(3) based on this text (see C‑V, 1.1). In such circumstances it is appropriate to contact applicants by telephone to establish whether they are prepared to proceed to grant on the basis of that text. The applicant's agreement or non-agreement that a Rule 71(3) communication can be based on such an auxiliary request must be mentioned in the minutes of the telephone conversation or, in the case of agreement, in the Rule 71(3) communication (see C‑VII, 2.5).