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Guidelines for Examination

 
 
1.1
General remarks 

Communications should be sent, inter alia:

(i)
if a party has to be informed of deficiencies, together, where appropriate, with a request to remedy those deficiencies, e.g. in accordance with Rule 55, 58, 59, 62a, 63, 64(1), 71(1), 77(2), 95(2) or 108(2);
(ii)
if a party is to be invited to file observations on particular questions or to submit documents, evidence, etc., to clarify the issues involved; 
(iii)
if, in the opinion of the Examining or Opposition Division, the patent cannot be granted or maintained in the text requested by the applicant or proprietor of the patent, but could possibly be granted or maintained in an amended text of more limited scope; 
(iv)
if information necessary to the conduct of the proceedings has to be communicated to the parties, e.g. in accordance with Rule 14(2) and (3), 35(4) or 142(2) and (3);
(v)
for preparing oral proceedings, (see E-II, 5); or
(vi)
if a decision is to be based on grounds on which the parties have not yet had an opportunity to comment (see E-IX, 1).