If, in response to the Receiving Section's refusal of the application pursuant to Art. 90(5), the related deficiencies are fully rectified so as to overcome the grounds for refusal, interlocutory revision is granted by the Receiving Section.
On the date of filing, the application documents did not comply with the requirements of Rule 46. The application was subsequently refused (Art. 90(5)) since the applicant filed the same poor-quality drawings in reply to the communication under Rule 58. When filing an appeal complying with the requirements of Art. 108, the applicant also files drawings of sufficient quality, thereby correcting the deficiency on which the refusal was based. Since the underlying ground for the refusal has been overcome and the reasoning in the decision under appeal no longer applies, the Receiving Section grants interlocutory revision and does not refer the case to the boards of appeal.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_xii_7_4_4.htm
Date retrieved: 17 May 2021