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Case Law of the Boards of Appeal

 
 
3.3.2 Amendments and corrections requested according to Rule 71(6) EPC

R. 71(6) EPC reads as follows: "if the applicant, within the period under paragraph 3, requests reasoned amendments or corrections to the communicated text or keeps to the latest text submitted by him, the examining division shall issue a new communication under paragraph 3 if it gives its consent; otherwise it shall resume the examination proceedings"

All of the amendments or corrections requested by the applicant have to be reasoned, in particular those which have not been on file yet (CA/81/10, Rule 71 Rev 1).

Where amendments or corrections are not admitted, or where they are admitted but not considered allowable, examination will be resumed (Guidelines H-II, 4).

The boards of appeal have confirmed in their case law (e.g. T 1064/04) that the principles set out in G 7/93 (OJ 1994, 775) also apply after the structural amendment of R. 51 EPC 1973 in 2002 (CA/81/10 Rule 71 Rev 1).