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Paragraphs 4.9 and 4.10 above do not prevent the Examining Division from resuming the proceedings of its own motion where it becomes aware of circumstances which are such as to render non-patentable the subject-matter claimed. Such circumstances may be brought to the Examining Division's attention by the applicant or following observations by third parties under Art. 115 and can be considered up to the moment the decision is handed over to the EPO's internal postal service. In the resumed proceedings, substantive amendments to resolve this problem are possible. Where this leads to a version which meets the requirements of the EPC, a second communication under Rule 51(4) is issued, and 4.9 and 4.10 above apply again.
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