R. 71(6) EPC reads as follows: "if the applicant, within the period under paragraph 3, requests reasoned amendments or corrections to the communicated text or keeps to the latest text submitted by him, the examining division shall issue a new communication under paragraph 3 if it gives its consent; otherwise it shall resume the examination proceedings" (see also Notice from the EPO dated 8 June 2015 concerning the possibility to waive the right to a further communication under R. 71(3) EPC, OJ 2015, A52; Guidelines C‑V, 4.11 – November 2015 version).
All of the amendments or corrections requested by the applicant have to be reasoned, in particular those which have not been on file yet (CA/81/10, Rule 71 Rev 1).
Where amendments or corrections are not admitted, or where they are admitted but not considered allowable, examination will be resumed (Guidelines H‑II, 2.5.3 – November 2015 version).
The boards of appeal have confirmed in their case law (e.g. T 1064/04) that the principles set out in G 7/93 (OJ 1994, 775) also apply after the structural amendment of R. 51 EPC 1973 in 2002 (CA/81/10 Rule 71 Rev 1).
Date retrieved: 30 December 2018