(1) If the request does not meet the requirements of sections 34, 37 and 38 or if the requirements of section 36 are obviously not fulfilled, the examining section invites the applicant to correct the deficiencies within a specific time limit. Sentence 1 does not apply to deficiencies relating to the abstract if the abstract has already been published.
(2) If the examining section comes to the conclusion that the invention is not patentable under sections 1 to 5, it communicates this to the patent applicant, citing the reasons, and invites the patent applicant to comment within a specific time limit.