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Guidelines for Examination

 
 
1.2
Position of the Examining Division 

The Examining Division will consider both the objections raised in the search opinion and the applicant's response thereto (see B-XI, 8) when examining the application further. It may change the position adopted in the search opinion after receiving arguments, amendments and other submissions from the applicant in response to the search opinion or subsequently in examination proceedings. The position may also alter, irrespective of the applicant’s submissions, where the top-up search could not be completed when the search was performed and Art. 54(3) state of the art is found in a top-up search by the Examining Division or further state of the art is brought to the attention of the Examining Division by the applicant or by means of observations according to Art. 115 (see also B-IV, 3.2, C-IV, 7.2 and 7.3).

The Examining Division may also reverse the findings of the search opinion for reasons other than those above (see B-III, 1.1), however, such cases should be exceptional.