Examination of applications.

(a) [Reserved] (b) Examinations of applications shall include a review of all available documents, publications, or other material relating to varieties of the species involved in the application, except that if there are fundamental defects in the application, as determined by the examiner, the examination may be limited to an identification of such defects and notification to the applicant of needed corrective action. However, matters of form or procedure need not, but may, be raised by an examiner until a variety is found to be new, distinct, uniform, and stable and entitled to protection. [58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995]