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Guidelines for Examination

 
 

2.5.4 Exceptional case where amendments must be admitted

It should be noted that if 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, 2.1, 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). 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.

References

Rule 137(3)