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If during the periods of grace designation fees are paid without or without sufficient surcharge, it is first necessary to establish how many designation fees including surcharge are covered by the total sum paid for that purpose. The applicant must then be invited, pursuant to Art. 7(2), first sentence, RFees, to inform the EPO for which Contracting States the designation fees plus surcharge are to be used (see J 23/82, OJ 4/1983, 127). For the subsequent procedure, see III, 12.8.
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Art. 7(2), 1st
sentence, RFees
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