If:
then the Examining Division will reject the request (Art. 105b(2), last sentence and Rule 95(4)), provided the requirements of Art. 113(1) are met (see D-X, 4.4).
The decision to reject the request will be notified in accordance with Art. 119 to the requester.
In case (ii), the decision is a reasoned decision taken by the Examining Division, and is subject to appeal.