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Guidelines for Examination

 
 
4.6.2
Second Rule 71(3) invitation based on higher request initially rejected in first Rule 71(3) invitation

In cases where the first Rule 71(3) communication was based on an auxiliary request (see H-III, 3, in particular H-III, 3.1 and 3.3 and sub-sections), the first communication under Rule 71(3) would have been accompanied by an explanation of why the higher requests were not considered to be allowable (see C-V, 1.1). If the applicant replies to this first Rule 71(3) communication indicating that he wishes a grant to be based on one of these higher requests which the Examining Division had previously held not to be allowable (see C-V, 1.1), such a request will normally lead to examination being resumed (see C-V, 4.7). The Examining Division may reverse its opinion, for example due to convincing argumentation or evidence filed by the applicant with his reply to the first Rule 71(3) communication. If the applicant is successful in this regard, the Examining Division will send a second communication under Rule 71(3) based on this higher request.