Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIf the Commissioner makes an adverse report on a re - examination under subsection 97(1) of the Act and:
(a) a statement is filed under section 99 of the Act and:
(i) the Commissioner gives the applicant an opportunity to be heard that is referred to in subsection 107(2) of the Act within 3 months from the day when the Commissioner reports under section 98 of the Act; or
(ii) the applicant or patentee asks for leave to amend the complete specification to remove any lawful grounds of objection specified in a report on re - examination within 3 months from the day referred to in subparagraph (i);
the re - examination is completed when the decision is made whether or not the amendment is allowed; or
(b) a statement is filed under section 99 of the Act and subparagraphs (a)(i) and (ii) do not apply--the re - examination is completed 2 months from the day when the Commissioner reports under section 98 of the Act; or
(c) a statement is not filed under section 99 of the Act and:
(i) the Commissioner gives the applicant an opportunity to be heard that is referred to in subsection 107(2) of the Act within 2 months from the day when the Commissioner reports under section 98 of the Act; or
(ii) the applicant or patentee asks for leave to amend the complete specification to remove any lawful grounds of objection specified in a report on re - examination within 2 months from the day when the Commissioner reports under section 98 of the Act;
the re - examination is completed when the decision is made whether or not the amendment is allowed; or
(d) a statement is not filed under section 99 of the Act and subparagraphs (c)(i) and (ii) do not apply--the re - examination is completed 2 months from the day when the commissioner reports under section 98 of the Act.