GL H III 3.3.5 Complete text for auxiliary request available

If a complete text of the application according to the allowable auxiliary request already exists, a communication under Rule 71(3) is issued. In an annex to this communication the division must give a brief indication of the reasons on which the refusal of the higher-ranking requests is based (see also C‑V, 1.1). Where appropriate, this may be done by reference to earlier communications. If applicants approve this proposed text, then in accordance with Rule 71(3) they indicate this by filing the translations of the claims and paying the fees for grant and publishing without filing any request for amendment or correction of the proposed text (if such a request is filed, the procedure is as indicated in C‑V, 4). If they do so, the application proceeds to grant on the basis of the text of the auxiliary request as proposed in the communication under Rule 71(3) (see C‑V, 2).

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EPC Implementing Rules

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - H Amendments and Corrections