Where an application designates some States which were designated in an earlier conflicting application and some which were not, there are several possibilities of amendment open to the applicant. Firstly, he may simply withdraw the designations common to his own and the earlier application. Secondly, he may file claims for such common States which are different from the claims for the other designated States. Where different claims are filed, the examiner should consider whether the retention of the same description and drawings throughout creates confusion. In such a case, Rule 87 permits the examiner to require the filing of a different description and drawings; the applicant himself has no right to request such amendment (see also III, 8.1). Thirdly, the applicant can limit his existing set of claims in such a manner that the conflicting application is no longer relevant.

If the search report on the conflicting application has been published, but the time limit for validly paying the designation fees has not yet expired, the applicant is informed that the examination cannot be concluded until such time as the situation regarding the designations has been clarified for the prior application, unless the applicant - irrespective of the confirmation of the designations by valid payment - limits his claims in such a manner that the conflicting application is no longer relevant for novelty. If the search report has not yet been published (the conflicting application having been published as an "A2" publication), the examiner will invite the competent Search Division to perform the search at its earliest convenience. In the meantime, the examination rests.

For the rare case where the application is ready for grant before the search for conflicting applications can be performed (e.g. request for accelerated prosecution of an application filed without priority), see VI, 8.4.