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Guidelines for Examination

 
 
15.4
Issuing a further communication (no refusal) 

If it appears that the previous communications were insufficiently reasoned or incomplete, or if the applicant has filed amendments and/or arguments since the previous communication, the examiner should carefully consider Art. 113(1) and Rule 111(2) before issuing a refusal (see E-IX, 1). A further communication may have to be issued with sufficient reasoning, unless oral proceedings are to be held (see E-II, 2), in which case the reasoning would be given in the summons (Rule 116(1) ). In the communication or summons the applicant should be informed that his request for a decision according to the state of the file could not be followed.