GL C V 4.6.3 Examining division proposes amendments in second Rule 71(3) communication

As with the first communication under Rule 71(3), the examining division may propose amendments to the applicant's latest request on which the second Rule 71(3) communication is based (this request includes amendments or corrections filed in response to the first Rule 71(3) communication). The types of amendment which may or may not be proposed by the examining division in the second Rule 71(3) communication are the same as those mentioned in C‑V, 1.1. However, in the second communication under Rule 71(3), the examining division cannot re-propose amendments which were previously proposed and then rejected by the applicant. Where the examining division considers that such an amendment is necessary to overcome an objection, it should consider resuming examination (see C‑V, 4.7).

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EPC Implementing Rules

EPO Guidelines - C Procedureal Aspects of Substantive Examination