1. If the Office, in carrying out the examination pursuant to Article 45, notices that the design for which protection is sought:
(a) does not correspond to the definition under Article 3(a); or
(b) is contrary to public policy or to accepted principles of morality, it shall refuse the application.
2. The application shall not be refused before the applicant has been allowed the opportunity of withdrawing or amending the application or of submitting his observations.