New requests filed in reply to a summons to oral proceedings will normally be discussed at the oral proceedings. As a rule there is no provision for detailed discussion before the oral proceedings.
However, informal consultation to discuss the new request(s) may be allowed by the first examiner (see C‑VII, 2), in particular if there is a reasonable prospect that the consultation could lead to an agreed allowable claim set.
The examining division strives to review newly-filed requests in good time before oral proceedings so that the proceedings can be cancelled if necessary, in particular where a newly-filed main request is considered patentable.
For cases where the newly-filed main request is not considered patentable but one of the auxiliary requests is, see E‑X, 2.9.
Date retrieved: 30 December 2018