3.3. Making good the omitted act

The omitted act must be performed within two months from removal of the cause of non-compliance (Art. 122(2), second sentence, EPC 1973; R. 136(2) EPC).

According to T 167/97 (OJ 1999, 488), the requirement of Art. 122(2), second sentence, EPC 1973 implies that the completed act likewise must meet the requirements of the EPC ­ i.e. in the case at issue that the statement of grounds of appeal is admissible for the purpose of Art. 108, last sentence, EPC 1973. Where the statement of grounds filed with the request for re-establishment is insufficient for the appeal to be declared admissible, the request for re-establishment must itself be declared inadmissible.

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