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observations and a top-up search. It does not apply to conflict with an application for a European patent (UK since this is not treated as an application under the Act for the purposes.18(5 such conflict can only be dealt with under.73(2) when each of the relevant patents. If any of the new prior art forms part of the state of the art by virtue.2(3) and is citable against lack of novelty, the applicant should be warned that action may be taken after grant ( see.02 ). Where such a letter is filed direct with the substantive examiner, he may instead make a photocopy for endorsement by hand as above. In such a situation, if a response to the examination report has been received then the examiner should conduct a re-examination taking into account the results of the further search. In this situation the examiner will only be able to consider such auxiliary claims if Patents Form 52 is filed to extend the compliance date. If it has not, the examiner in due course should carry out the examination at the same time as the search. The report should usually deal first with fundamental matters such as patentability (other than questions of novelty or obviousness) and unity of invention ( see.37.40 if they arise, then raise formally any objections based on lack of novelty or inventive step (.
The examiner should also consider checking to see if any further useful equivalent cases have come to light since any previous check, and consider checking the status of these (and any previously identified equivalents) using online file inspection ( see.10.3-18.10.4 ). The examiner should ensure that the 5 data markers have been activated at the bottom right of the Prose screen. CHA CSE is also used to reset the flag to NO on all searched PCT cases filed with Forms 9 and. 18.84.2 On return of the file under the diary system the substantive examiner should update the search and consider any voluntary amendments made by the applicant and any third party observations. Where amendments have been filed, they should be acknowledged. Email requests will be noted and imported into the dossier by the Examination Support Officer. Where no formal objection arises under.14(5 a (b) or (c RC16 should be used to refer to points in the Code of Practice. Third party observations 16). 18.82.19(2) is also relevant Where the only objection outstanding at the first examination is that a Registered Trade Mark, while allowable, is unacknowledged, the substantive examiner should amend the specification to acknowledge the Trade Mark, inform the applicant that he has done so and. The examiner should enter the grant title and update the field of search, classification and citations in Prose.