It is possible to make suggestions in the written opinion as to how certain objections raised may be overcome. However, examiners must not actually, of their own volition, make any final amendments to the application documents, however minor, for the reason that only amendments submitted by the applicant may be taken into consideration for the IPER. In no circumstances should the impression be given that compliance with the suggestions would lead to an allowable application under the EPC or any national law.[GL/ISPE 3.05; 17.71; ]
If no demand for Chapter II is filed, the WO‑ISA will automatically be converted into an IPRP Chapter I. Therefore, the WO‑ISA should not contain formulations suggesting to the applicant to actively file submissions.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/b_xi_3_3.htm
Date retrieved: 17 May 2021