Issuing a further communication (no refusal) 

If it appears that the previous communications were insufficiently reasoned or incomplete, or if the applicant has filed amendments and/or arguments since the previous communication, the examiner should carefully consider Art. 113(1) and Rule 111(2) before issuing a refusal (see E‑X, 1). A further communication may have to be issued with sufficient reasoning, unless oral proceedings are to be held (see E‑III, 2), in which case the reasoning would be given in the summons (Rule 116(1)). In the communication or summons the applicant should be informed that the request for a decision according to the state of the file could not be followed.


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