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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART C GUIDELINES FOR SUBSTANTIVE EXAMINATION PART B PART D  
CHAPTER I INTRODUCTION PART C GUIDELINES FOR SUBSTANTIVE EXAMINATION CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS)  
2. Work of an examiner 1. General remark 3. Overview  


2.

Work of an examiner

 

The attitude of the examiner is very important. He should always try to be constructive and helpful. While it would of course be quite wrong for an examiner to overlook any major deficiency in an application, he should have a sense of proportion and not pursue unimportant objections. He should bear in mind that, subject to the requirements of the EPC, the drafting of the description and claims of a European application is the responsibility of the applicant or his authorised representative.

 

The attention of the examiner is particularly directed to the instruction in paragraph 4.3 of the General Part of the Guidelines. This applies not only in relation to other departments of the EPO. It also means, for example, that the other members of an Examining Division should not attempt to repeat the work of the primary examiner (see VI, 7.4).

 


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