7.4.1 No amended claims filed with the appeal 

If the applicant has filed an appeal but not any amended claims, the division checks whether the decision was substantively correct. Interlocutory revision is allowed only if it was not. Reimbursement of the appeal fee is to be ordered if there was a substantial procedural violation (see E‑XI, 7.3 E‑XII, 7.3). If interlocutory revision is granted but new objections then arise, the division communicates these objections to the applicant as often as necessary to reach a final decision. This could include holding oral proceedings (again) and/or a second refusal.

Example

The applicant points out in the letter of appeal that the examining division overlooked a request for oral proceedings.

The examining division looks at the file and notes that this was indeed the case: interlocutory revision must be granted, even if it results in a further refusal after oral proceedings have been held. The appeal fee must be reimbursed.