4.2 Consequences of a declaration of no search or an incomplete search in subsequent European procedure 

For unsearched subject-matter, no written opinion is established under PCT Chapter I and no examination is carried out under PCT Chapter II. Furthermore, there is no possibility to appeal the decision of the ISA (see C‑IV, 4.1), so that even if the applicant were to succeed in convincing the examiner under Chapter II that the decision not to search certain subject-matter was incorrect, this has no consequences. However, in the European procedure the examining division must review the decision of the search division (examiner) and take a final decision. This implies that in the European phase for the Euro-PCT application the examiner might have to reverse the decision of the ISA and perform a complete search (either because of the arguments filed or because of the claims having been redrafted so that a search can now be performed, see also EPC Guidelines C‑IV, 7.3).