I should have explained myself a little better.

I'll try to clear things up a bit.
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Installed Avast
Selected the directory that contained the EICAR files.
Selected
Thorough ScanTicked
Scan archive filesClicked
|> (start button)
10 out of 12 files were found with the eicar test virus
Scanned about 30 minutes later and 9 out of 12 files were found
An hour later 7 out of 12 were found
The next day only 6 out of 12 files were found
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I then copied the test files from /EICAR/ to /EICAR/temp/
I scanned the files in /EICAR/temp/ and 10 out of 12 files were found with the eicar test virus
I deleted the files in /EICAR/ and moved the files from /EICAR/temp/ to /EICAR/
I scanned the new files now in /EICAR/ and 10 out of 12 files were found with the eicar test virus
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I do have eTrust EZ Antivirus and AVG anitvirus installed. None of these have their resident scanner active now or in the past.
Maybe it's best to call this one an X-File and leave it be.

. If i can recreate the problem i'll let you what i find.