T 0084/82 (Chloral Derivatives) of 18.03.1983

I. If the applicant fails to make any real progress towards the refutation of the presumption of invalidity properly established in the first communication by the Examining Division, or no such progress appears to be possible even with amendments on the face of information available, it is within the discretion of the Examining Division according to Article 96(2) EPC, to interpret the submissions on behalf of the applicant as complete and final, and to assume, in consequence, that no useful purpose would be served by the provision of further opportunities for filing observations, and to reject the application in the second communication, when this is justified by the above circumstances.

II. It is the declared aim of the European Patent Office to carry out the substantive examination thoroughly, efficiently and expeditiously, but this requires also a proper collaboration from the applicants, and good faith. The necessity for filing further observations prevails as long as progress towards grant can be envisaged in the light of submissions made.