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Date Published

Where a statement of proposed amendments is filed in anticipation of an examination report, examiners are to report upon the application and complete specification as proposed to be amended and report whether the proposed amendments are not allowable.

Note: Where proposed amendments are not allowable, examiners should refer to Section 102(1) Examination Practice, Reporting on Amendments Not Allowable Under Section 102(1).

Where examination has been requested and the attorney or applicant has indicated that amendments in anticipation will be filed, but has not yet done so, examiners should phone the applicant/attorney and enquire when the amendments are expected to be filed.  Examiners should then indicate that they will commence examination on a certain date (not necessarily that which is indicated by the applicant or attorney). If the amendments are not received by the time the case is examined and the report is adverse, the report should be issued.  If the report will be clear, examiners should advise the applicant/attorney that the case is ready for acceptance and that any amendments or request for deferment should be filed immediately.  Records of phone conversations are to be placed on file (see Communication with Applicants or Attorneys by Phone).

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