Procedure in examination proceedings
If the applicant is unable to provide formally correct amendments during oral proceedings, the following applies:
If a decision to refuse a patent application is imminent and handwritten documents making up the application are on file, to avoid prolonging the proceedings the examining division should go ahead and issue the decision, based on substantive arguments. It may however mention this formal deficiency in the decision.
If there is agreed patentable subject-matter, the examining division should invite the applicant to file the submissions in typed or printed form within two months. The same applies where a decision of the boards of appeal remits the case to the department of first instance with the order to maintain the patent on the basis of amended documents with handwritten amendments.
Should the applicant fail to do so, the application is deemed to be withdrawn. If the amendments submitted differ from what was agreed in the oral proceedings, the procedure described in C‑V, 4.7