2.5.3
2.5.4Exceptional case where amendments must be admitted

It should be noted that if the application was one of the exceptional cases (i), (ii) or (iii) mentioned in H‑II, 2.2 and no communication under Art. 94(3) has preceded the communication under Rule 71(3), and the application was one of the exceptional cases (i), (ii) or (iii) mentioned in H‑II, 2.2, the applicant may amend the description, claims and drawings of his own volition (see C‑III, 2; see also C-II, 3.1) within the time limit for replying to the communication under Rule 71(3) (see C‑III, 2.1C‑II, 3 and subparagraphs, and C‑III, 3.2, for the conditions any amendment must satisfy). If the Examining Division finds that these amendments are allowable, a second communication according to Rule 71(3) is issued based on the text as amended (see C‑V, 4.6).
In cases where the applicant has waived the right to receive a further Rule 71(3) communication, the procedure set out in C‑V, 4.11, is applied.

  However, if the Examining Division is of the opinion that the amendments are not allowable (a finding of inadmissibility with regard to these amendments not being possible), the examination procedure should normally be resumed in accordance with C‑V, 4.7.

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