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If, given the amount payable under the time limit in question, the sum paid for designation fees during the periods under Art. 79(2) or Rule 85a does not cover all the Contracting States indicated under Section 32.2b of the Request for Grant form (Form 1001), and the payer has failed to indicate for which Contracting States the fees are intended, then he is requested to indicate which States he wishes to designate, within a period stipulated by the EPO (see also III, 12.4). If he fails to comply in due time, then Art. 9(2) RFees applies: the fees are deemed to have been paid only for as many designations as are covered by the amount paid, in the order in which the Contracting States have been designated (see J 23/82, OJ 4/1983, 127). The designation of Contracting States not covered by the fees are deemed withdrawn, and the applicant is notified of the loss of rights (see III, 12.5 paragraph 2, regarding the time at which loss of rights ensues).
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Art. 7(2), 1st
sentence, RFees
Art. 9(2), 2nd
sentence, RFees
Art. 91(4)
Rule 69(1)
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