The criteria for assessing the admissibility of such amendments are dealt with in detail in H‑II, 2.5 and sub-sections.[Rule 137(3); ]
By way of exception, in cases where the Rule 71(3) communication was also the first communication in examination proceedings, amendments filed in response thereto must be admitted into the proceedings under Rule 137 in cases (i) to (iii) mentioned in H‑II, 2.2. However, where a further Rule 71(3) communication is sent in respect of such cases (see C‑V, 4.6 and C-V, 4.7.2), any amendments filed in response thereto must be consented to by the examining division according to Rule 137(3) (see H‑II, 2.5).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_v_4_4.htm
Date retrieved: 17 May 2021