Guidelines for Examination
PART E
CHAPTER I COMMUNICATIONS AND NOTIFICATIONS
1. Communications
1.1 General remarks
 

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PART E
CHAPTER I COMMUNICATIONS AND NOTIFICATIONSCHAPTER I COMMUNICATIONS AND NOTIFICATIONS
1. Communications1. Communications
       1.2 Number of communications1.2 Number of communications  
 

1.1

General remarks

 

Communications should be sent, inter alia:

 

(i)

if a party has to be informed of deficiencies, together, where appropriate, with a request to remedy those deficiencies, e.g. in accordance with Rule 39, Rule 41(1) and (3), Rule 46(1), or Rule 56(2);

 

(ii)

if a party is to be invited to file observations on particular questions or to submit documents, evidence, etc., to clarify the issues involved;

 

(iii)

if, in the opinion of the Examining or Opposition Division, the patent cannot be granted or maintained in the text requested by the applicant or proprietor of the patent, but could possibly be granted or maintained in an amended text of more limited scope;

 

(iv)

if information necessary to the conduct of the proceedings has to be communicated to the parties, e.g. in accordance with Rule 13(2) and (4), Rule 24(4), or Rule 90(2) and (3);

 

(v)

for preparing oral proceedings, (see III, 5); or

 

(vi)

if the decision is to be based on grounds on which the parties have not yet had an opportunity to comment (see X, 1).