If the amendments and/or their basis cannot be properly identified such that compliance with Art. 123(2) cannot be assessed, the examining division notes a failure to meet either requirement of Rule 137(4). It consequently issues a communication requesting the correction of this deficiency within a period of one month. The amendments in respect of which such a communication may be sent include, inter alia:
Such a communication can only be sent in respect of amendments which are part of a current request. It cannot relate to amendments which have since been withdrawn or superseded. A communication under Rule 137(4) can only be issued by the examining division (see B‑XI, 2).
If the applicant fails to comply with either requirement of Rule 137(4) within the above-mentioned period of one month, the application is deemed to be withdrawn, because the applicant is considered not to have replied to the communication from the examining division. The applicant may request further processing for failure to observe this time limit (see E‑VIII, 2).
If the amendments are filed in response to a communication according to Rule 71(3) and the requirements of Rule 137(4) are not satisfied in respect of them, the examining division may send a Rule 137(4) communication. Thereafter, if the applicant replies in time, the examining division will then decide whether to admit the amendments (see H‑II, 2.5.4).