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The Examining Division may resume the examination procedure at any time up to the moment the decision to grant is handed over to the EPO's internal postal service for transmittal to the applicant. This will seldom occur, but may be necessary if e.g. the applicant files further prior art which necessitates further substantive examination, if the Examining Division becomes aware of very relevant prior art following observations by third parties under Art. 115, if one of the exceptions of VI, 15.4a(ii) and (iii) applies, or if the communication under Rule 51(4) was the first communication from the examining division and the applicant responds by filing amendments which are not allowable. A second Rule 51(4) communication is sent out if the resumed examination results in a text on the basis of which a patent can be granted. The fees for grant and printing should not be paid again if they were already paid in response to the first Rule 51(4) communication.
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