358. Reinstatement of applications.

Where an application for a patent1 is refused, or is treated as having been refused or withdrawn2, as a direct consequence of a failure by the applicant to comply with a statutory requirement3 within a period which is prescribed4 or specified by the comptroller5, then the comptroller may reinstate the application if, and only if:

  1.  

    (1)     the applicant requests him to do so6;

  2.  

    (2)     the request complies with the relevant requirements of rules7; and

  3.  

    (3)     he is satisfied that the failure to comply mentioned above was unintentional8.

The comptroller must not reinstate the application if an extension remains available9 for