4.3 Scope of the examination 

Limitation is not an opportunity to re-examine the whole patent. The scope of the examination is limited by Rule 95(2). The examining division is required to decide only whether the amended claims of the request constitute a limitation with respect to the claims as granted or amended (i.e. those referred to in D‑X, 4.2), and whether the amended claims comply with the requirements of Art. 84 and Art. 123(2) and Art. 123(3). What needs to be considered is whether the requested amendments introduce a deficiency within the meaning of those provisions. Claims as granted or as maintained are not examined anew.

Rule 95(2) requires only the amended claims to be examined in limitation proceedings. If, however, for the purpose of limitation an amended description and/or drawings are presented together with the claims, these are to be checked, but only for compliance with the requirements of Art. 123(2) and (3) and Art. 84 (see D‑X, 4.3.2 and D‑X, 4.3.3 for details).

The filing of auxiliary requests together with a main request is possible (see H‑III, 3).