Any subsequent request to withdraw an amendment is itself a request for further amendment; thus, if this subsequent request occurs after reply to the first communication from the examining division, the corresponding amendment will be admitted only if the examining division consents.
In deleting subject-matter from an application, the applicant should avoid any statement which could be interpreted as abandonment of that subject-matter. Otherwise the subject-matter cannot be reinstated (see
J 15/85, confirmed in
G 1/05 and
G 1/06).
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EPO Guidelines - C Procedureal Aspects of Substantive Examination
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EPO Guidelines - H Amendments and Corrections
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Case Law Book: IV Divisional Applications
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Case Law of the Enlarged Board
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General Case Law
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