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Guidelines for Examination

 
 
6.
Rejection of the request 

If:

(i)
the requester does not respond in due time to the invitation under Rule 95(2) (see D-X, 4.4 above); or
(ii)
he responds in due time, but the request is still not allowable; or 
(iii)
he fails to pay the fee(s) and file the translation according to Rule 95(3) (see D-X, 5 above),

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.