4.6.2 Second Rule 71(3) communication based on higher-ranking request initially rejected in first Rule 71(3) communication

In cases where the first Rule 71(3) communication was based on an auxiliary request (see H‑III, 3, in particular H‑III, 3.1 and H-III, 3.3 and subsections), the first communication under Rule 71(3) would have been accompanied by an indication of why the examining division did not consider the higher-ranking requests admissible or allowable (see C‑V, 1.1). If the applicant replies to this first Rule 71(3) communication indicating their wish to base a grant on one of those higher-ranking requests (see C‑V, 1.1), that reply will normally lead to examination being resumed (see C‑V, 4.7 and 4.7.1.1). The examining division may reverse its opinion, for example due to convincing arguments or evidence filed by the applicant with their reply to the first Rule 71(3) communication. If the applicant is successful in this regard, the examining division will send a second communication under Rule 71(3) based on the higher-ranking request.